BANCROFT 
LIBRARY 

0- 

THE  LIBRARY 

OF 

THE  UNIVERSITY 
OF  CALIFORNIA 


THE 

SOUTHWESTERN  HISTORICAL 
QUARTERLY 


VOL.  XXI  JANUARY,  1918  No.  3 

Editors 

EUGENE  C.  BARKER  HERBERT  E.  BOLTON 

Associate  Editors 
CHAS.  W.  RAMSDELL  E.  W.  WINKLER  EDGAR  L.  HEWETT 

Managing  Editor  •    ("£ 

EUGENE  C.  BARKER 


CONTENTS 

THE  GOVERNMENT  OF  AUSTIN'S  COLONY,  1821-1831  -  Eugene  C.  Barker  -  -  223 

/ THE  REJSIDENCIA  IN  THE  SPANISH  COLONIES  -  Charles  H.  Cunningham  -  -  253 
THE  POWERS  OF  THE  COMMANDER  OF  THE  CONFEDERATE 

TRANS-MISSISSIPPI  DEPARTMENT  -  -  Florence  Elizabeth  Holladay  -  -  279 
MINUTES  OF  THE  AYUNTAMIENTO  OF  SAN  FELIPE 

DE  AUSTIN,  1828-1832,  I  -  -  -  -  Edited  by  Eugene  C.  Barker  -  -  299 
BOOK  REVIEWS  AND  NOTICES:  Wright,  The  Early  History  of  Cuba, 

1492-1586 _ 327 

NEWS  ITEMS - 330 


PUBLISHED  QUARTERLY  BY 

THE  TEXAS  STATE  HISTORICAL  ASSOCIATION 

AUSTIN,  TEXAS 

Entered  at  the  post-office,  Austin,  Texas,  as  second-class  mail  matter 


The  Texas  State   Historical   Association 


PRESIDENT: 
MRS.  ADELE  B.  LOOSCAN 

VICE-PRESIDENTS: 

ALEX.  DIEN-ST,  R.  C.  CRANE, 

Miss  KATIE  DAFFAN,  MRS.  CORNELIA  BRANCH  STONE, 

RECORDING  SECRETARY  AND  LIBRARIAN: 
EUGENE  C.  BARKER 

CORRESPONDING  SECRETARY  AND  TREASURER: 
CHARLES  W.  RAMSDELL 

EXECUTIVE  COUNCIL: 

PRESIDENT  ADELE  B.  LOOSCAN, 

Ex- PRESIDENT  Z.  T.  FULMORE 

FIRST  VICE-PRESIDENT  ALEX.  DIENST, 

SECOND  VICE-PRESIDENT  KATIE  DAFFAN, 

THIRD  VICE-PRESIDENT  R.  C.  CRANE, 

FOURTH  VICE-PRESIDENT  CORNELIA  BRANCH  STONE, 

RECORDING  SECRETARY  AND  LIBRARIAN  EUGENE  C.  BARKER, 

CORRESPONDING  SECRETARY  AND  TREASURER  CHARLES  W.  RAMSDELL, 

{JOHN  C.  TOWNES  FOR  TERM  ENDING  1920. 
ETHEL  RATHER  VILLA VASO  FOR  TERM  ENDING  1918. 
E.  W.  WlXKLER  FOR  TERM  ENDING  1919. 

S.  H.  MOORE  FOR  TERM  ENDING  1919. 
PEARL  CASHELL  JACKSON  FOR  TERM  ENDING  1920. 
MEMBERS    ^  JULIA  C.  PEASE  FOR  TERM  ENDING  1921. 
J.W.  BARTON  FOR  TERM  ENDING  1922. 
W.  J.  BATTLE  FOR  TERM  ENDING  1918. 


PUBLICATION  COMMITTEE: 

MRS.  ADELE  B.  LOOSCAN, 

EUGENE  C.  BARKER.  E.  W.  WINKLER, 

HERBERT  E.  BOLTON,  Z.  T.  FULMORE. 


The  Association  was  organized  March  2,  1897.     The  annual  dues  are  two 
dollars.     THE  QUARTERLY  is  sent  free  to  all  members. 

Contributions  to  THE  QUARTERLY  and  correspondence  relative  to  historical 
material  .should  be  addressed  to  Eugene  C.  Barker,  Austin,  Texas,  or  to  Herbert 

)lton,  Berkeley,  California. 

Other  correspondence  may  be  addressed  to  The  Texas  State  Historical  As*o- 
>n,  Austin,  Texas. 


L 


FELLOWS  AND  LIFE  MEMBERS 

OP  THE 

ASSOCIATION 


1    U-ft     «-\«fiU4*-t .  C 


The  constitution  of  the  Association  provides  that  "Members  who 
show,  by  published  work,  special  aptitude  for  historical  investigation 
may  become  Fellows.  Thirteen  Fellows  shall  be  elected  by  the  Asso- 
ciation when  first  organized,  and  the  body  thus  created  may  thereafter 
elect  additional  Fellows  on  the  nomination  of  the  Executive  Council. 
The  number  of  Fellows  shall  never  exceed  fifty ." 

The  present  list  of  Fellows  is  as  follows: 


ADAMS,  PROF.  E.  D. 
BABKEB,  PEOF.  EUGENE  C. 
BAITS,  JUDGE  R.  L. 
BOLTON,  PBOF.  HEBBEBT  EUGENE 
CASIS,  PBOF.  LILIA  M. 
CLABK,  PBOF.  ROBEBT  CABLTON 
COOPEB,  PBESIDENT  O.  H. 
Cox,  PBOF.  I.  J. 
DIENST,  DB.  ALEX 
DUNN,  DB.  WILLIAM  EDWARD 
ESTILL,  PBOF.  H.  F. 
FULMOBE,  JUDGE  Z.  T. 
HACKETT,  DB.  CHAS.  W. 
HATCHES,  MBS.  MATTIE  AUSTIN 
KLEBEBG,  JUDGE  RUDOLPH,  JB. 
LOOSCAN,  MBS.  ADELE  B. 


MCCALEB,   DB.    W.   F. 

MANNING,  PBOF.  WILLIAM  RAY 
MABSHALL,  DB.  THOMAS  MAITLAND 
MILLEB,  PBOF.  E.  T. 
NEU,  MB.  C.  T. 
RAMSDELL,  PBOF.  CHAS.  W. 
ROBEBTS,  MB.  INGHAM  S. 
SMITH,  PBOF.  W.  ROY 
TOWNES,  PBOF.  JOHN  C. 
ViLLAVAso,  MBS.  ETHEL  RATHEB 
WEST,  Miss  ELIZABETH  H. 
WILLIAMS,  JUDGE  O.  W. 
WINKLEB,  MB.  EBNEST  WM. 
WOBLEY,  MB.  J.  L. 
ZAVALA,  Miss  ADINADE 


The  constitution  provides  also  that  "Such  benefactors  of  the  Asso- 
ciation as  shall  pay  into  its  treasury  at  any  one  time  the  sum  of  thirty 
dollars,  or  shall  present  to  the  Association  an  equivalent  in  books,  MSS., 
or  other  acceptable  matter,  shall  be  classed  as  Life  Members." 

The  Life  Members  at  present  are: 


ALLEN,  MB.  WILBUB  P. 
AUTBY,  MB.  JAMES  L. 
AYEB,  MB.  EDWABD  EVEBETT 
BAKES,  MB.  R.  H. 
BENEDICT,  PROF.  H.  Y. 
BBACKENBIDGE,  HON.  GEO.  W. 
BUNDY,  MB.  Z.  T. 

COUBCHESNE,    MB.    A. 

CBANE,  MB.  R.  C. 
DAVIDSON,  MB.  W.  S. 
DEALEY,  MB.  GEOBGE  B. 
DILWOBTH,  MB.  THOS.  G. 
DONALDSON,  MRS.  NANA 

SMITHWICK 
EVANS,  MBS.  IBA  H. 
GILBEBT,  MB.  JOHN  N. 
GUNNELL,  MB.  W.  N. 
HANBICK,  MB.  R.  A. 
HEFLEY,  MB.  W.  T. 
HOGG,  MR.  WILL  C. 
HOUSE,  MB.  E.  M. 
HYDE,  MB.  JAMES  H. 
JONES,  MB.  ROLAND 
KENEDY,  MB.  JNO.  G. 
KTBBY,  MB.  JNO.  H. 


MCFADDEN,  MB.  W.  P.  H. 
MILBY,  MBS.  C.  H. 
MINOB,  MB.  F.  D. 
MOODY,  MB.  W.  L. 
MOBEHEAD,  MB.  C.  R. 
NEALE,  MB.  WM.  J. 
PABKEB,  MBS.  EDWABD  W. 
PEARCE,  PROF.  J.  E. 
PERRY,  MRS.  EMMETT  L. 
RICE,  MB.  J.  S. 
RICE,  HON.  W.  M. 
ROTAN,  MBS.  EDWABD 
RUGELEY,  MB.  HENBY 
SCHMIDT,  MB.  JOHN 
SCHBEINER,  MB.  CHABLES 
SEVIEB,  MRS.  CLARA  D. 
SINCLAIR,  MB.  J.  L. 
STARK,  MB.  H.  J.  L. 
TERRY,  MR.  WHARTON 
TODD,  MB.  CHABLES  S. 
VAN  ZANDT,  MAJ.  K.  M. 
WALKEB,  MB.  J.  A. 
WASHES,  MB.  NAT  M. 
WEBB,  MB.  MACK 
WILLACY,  HON.  JOHN  G. 


LlTTLEFIELD,   MAJOB    GEOBGE   W.   WILLIAMS,    JUDGE    0.    W. 


i 


THE 

SOUTHWESTERN   HISTORICAL 
QUARTERLY 

VOL.  XXI  JANUARY,  1918  No.  3 

The  publication  committee  and  the  editors  disclaim  responsibility  for  views  expressed  by 
contributors  to  THE  QUARTERLY 

THE    GOVERNMENT    OF   AUSTIN'S  COLONY,    1821-1831 

EUGENE  C.  BARKER 

1.     The  Eastern  Interior  Provinces,  1820 

In  1820,  when  Moses  Austin  made  his  memorable  journey  to 
ask  permission  to  settle  three  hundred  families  in  the  Spanish 
province  of  Texas,  the  territory  was  one  of  the  Eastern  Interior 
Provinces  (Provincias  Internas  de  Oriente),  and  it  is  therefore 
necessary  to  notice  briefly  the  political  history  of  this  adminis- 
trative division  of  New  Spain.  By  a  royal  order  of  August  22, 
1776,  all  the  northern  provinces  of  Mexico  had  been  separated 
from  the  jurisdiction  of  the  viceroy  and  placed  under  the  author- 
ity of  a  commander  who  was  responsible  directly  to  the  crown. 
The  division  thus  created  was  the  Provincias  Internas.  Another 
royal  order  of  May  30,  1804,  directed  the  division  of  this  into  the 
Eastern  and  Western  Provinces,  but  was  not  carried  into  effect. 
It  was  renewed  in  1811  and  was  finally  effected  in  1813,  when 
General  Joaquin  de  Arredondo  became  the  first  Commandant  of 
the  Eastern  Interior  Provinces.  Texas,  Coahuila,  Nuevo  Leon, 
and  Santander  or  Tamaulipas  constituted  this  district.1  The  com- 
mandant was  both  civil  and  military  head  of  the  provinces,  and 
was  independent  of  the  viceroy,  though  the  financial  administra- 


information  is  derived  mainly  from  the  royal  orders  of  Novem- 
ber 22,  1792,  and  May  30  1804,  and  an  extract  of  an  order  of  the  Regency 
quoted  .by  Salcedo  in  a  letter  to  [Minister  of  War,  November  22,  1812, 
in  the  Bexar  Archives.  Bancroft,  H.  H.,  North  Mexican  States  and  Texas, 
I,  636-45,  and  II,  27,  supplements  the  documents. 


224  The  Southwestern  Historical  Quarterly 

tion  was  subordinate  to  the  intendent  of  San  Luis  Potosi.2  Each 
province  had  its  own  governor  and  military  commandant  and  was 
subdivided,  or  divisible,  into  departments,  districts  (partidos), 
and  municipalities.  Texas  constituted  one  department,  and  in 
1820  contained  but  two  organized  municipalities,  Bexar  and  La 
Bahia,  the  present  Goliad.  The  government  of  a  municipality, 
which  included  not  only  the  town  but  much  of  the  surrounding 
country,  was  an  ayuntamiento. 

Prior  to  1820  there  does  not  appear  to  have  been  anything  that 
might  be  considered  a  federal  or  inter-provincial  legislative  body, 
but  in  the  summer  of  that  year  Arredondo  received  news  of  the 
King's  renewed  acceptance  of  the  Constitution  of  1812,  with  or- 
ders to  have  his  provinces  elect  deputies  to  the  Spanish  Cortes 
and  representatives  to  a  provincial  deputation.  The  Eastern 
Provinces  were  allowed  two  deputies  in  the  Cortes,  and  repre- 
sentation in  the  provincial  assembly  was  to  be  based  on  popula- 
tion as  shown  by  the  census  of  1818.  A  "junta  preparatorio" 
consisting  of  eight  civil  and  ecclesiastical  officials  was  to  divide  the 
provinces  into  electoral  districts  and  apportion  representation.3 

On  July  6  this  junta  met  at  Monterey.  It  recognized  Bexar 
as  the  capital  of  Texas,  and  instructed  the  Governor  to  have  an 
elector  chosen  to  come  to  Monterey  and  join  those  of  other  dis- 
tricts in  electing  deputies  to  the  Cortes  and  to  the  provincial 
deputation.5  The  local  procedure  was  somewhat  elaborate.  First, 
Bexar  chose  twenty-one  electors  and  La  Bahia  eleven.  The  Bexar 
delegation  then  selected  two  representatives  and  the  La  Bahia 
electors  one;  and  on  September  10  these  three  met  at  Bexar  and 
selected  Juan  Manuel  Sambrano  as  the  provincial  elector.6  On 
October  1  the  electoral  junta  of  the  four  provinces  under  Arre- 
dondo's  command  met  at  Monterey  and  elected  deputies  to  the 
Cortes.  The  next  day  it  elected  the  provincial  deputation,  com- 
posed of  seven  delegates — two  each  for  Coahuila,  Nuevo  Leon, 

'This  etatement  is  based  on  correspondence  of  1820  in  the  Bexar 
Archives  between  Arredondo  and  the  intendency  of  San  Luis  Potosf. 

'Instruction  d  la  cual  deberdn  celebrarse  en  las  provincias  de  Ultramar 
las  elecciones  de  Diputados  de  C  dries.  .  .  .  Nacogdoches  Archives. 
Texas  State  Library. 

•Arredondo  to  Martinez,  August   2,   1820.     Bexar. 

'Ibid.;  and  local  election  returns  of  Bexar  and  La  Bahia  in  Bexar 
Archives. 


The  Government  of  Austin's  Colony,  1821-1831          225 

and  Santander,  and  one  for  Texas.  The  Texas  delegate  was  Am- 
brosio  Maria  de  Aldasoro,  a  merchant  of  Monterey.  The  com- 
mandant general  presided  over  the  deputation,  and  the  intendent 
was  a  member,  but  was  not  present.7 

The  provincial  deputation  was  a  creation  of  the  Constitution 
of  1812  (articles  324-37).  Its  duty  was  declared  to  be,  in  gen- 
eral, to  promote  the  prosperity  of  the  province.  More  in  detail, 
it  was  to  apportion  and  approve  the  levy  of  local  taxes;  establish 
ayuntamientos  according  to  law;  take  the  census;  encourage  the 
education  of  the  young;  and  to  promote  agriculture,  industry,  and 
commerce.  It  sessions  were  limited  to  ninety  days  during  the 
year,  and  half  the  members  retired  annually.8  It  was  to  this  body 
that  Arredondo  referred  Moses  Austin's  application  for  a  permit 
to  introduce  three  hundred  families  into  Texas;  and  on  January 
17,  1821,  it  recommended  that  the  petition  be  approved. 

2.     Early  Local  Government  in  Austin's  Colony 

(1)  Powers  granted  to  Stephen  F.  Austin. — In  August,  1821, 
after  the  death  of  Moses  Austin,  Martinez  recognized  Stephen  F. 
Austin  as  his  father's  successor,  authorized  him  to  explore  the 
country  and  select  the  region  which  he  wished  to  colonize,  and 
approved  the  terms  which  he  proposed  for  the  distribution  of 
land  to  settlers.9  Since  the  region  selected  by  Austin  would  be 
a  wilderness,  uninhabited  and  without  political  organization,  and 
since  he  himself  would  have  no  means  of  extending  administra- 
tion to  it  at  once,  the  Governor  made  it  plain  that,  for  a  time, 
Austin  must  be  responsible  for  the  local  government.  "You  will 
cause  them  all  [the  colonists]  to  understand  that  until  the  gov- 
ernment organizes  the  authority  which  is  to  govern  them  and  ad- 
minister justice,  they  must  be  governed  by  and  subordinate  to 
you."10  Early  in  1822  Austin  found  it  necessary  to  visit  the  City 
of  Mexico  to  get  a  confirmation  of  his  permit,  and  the  imperial 

7An  Aviso,  or  printed  notice,  issued  by  the  electoral  junta  on  October 
3.  Bexar  Archives. 

•Diiiblan  and  Lozano,  Legislation  Mexicana.   I,  375-376. 

"Martinez  to  Austin,  August  14,  1821,  in  Wooten,  editor,  A  Compre- 
hensive History  of  Texc/A,  I,  472;  same  to  same,  August  19,  Records  of 
the  General  Land  Office,  Vol.  54,  p.  68. 

]0Same  to  same,  August  24,  1821,  in  A   Comprehensive  History  of  Texas, 


226  The  Southwestern  Historical  Quarterly 

decree  of  February  18,  1823,  which  granted  this,  provided  that 
he  should  form  his  colonists  into  militia  companies;  and,  until 
the  government  of  the  settlement  was  organized,  charged  him 
with  the  administration  of  justice.11  This  was  confirmed  on  April 
14  hy  the  supreme  executive  power  which  succeeded  Iturbide.12 
At  Monterey,  in  May,  1833,  on  his  way  home,  Austin  sought  a 
more  particular  definition  of  his  position.  Did  his  judicial  au- 
thority extend  to  the  punishment  of  capital  crimes,  or  only  to 
the  arrest  of  the  criminal  for  trial  at  Bexar;  and  how  was  the 
cost  of  justice  to  be  met?  Did  he  have  authority  to  make  war 
on  the  Indians ?  What  was  to  be  his  rank  in  the  national  militia? 
General  Felipe  de  la  Garza,  who  had  succeeded  Arredondo  as 
Commandant  of  the  Eastern  Interior  Provinces,  referred  Austin's 
letter  to  the  provincial  deputation,  and,  with  its  advice,  replied 
on  June  16.  In  all  capital  case  he  was  to  refer  the  process 
(record  of  the  trial)  and  the  verdict  to  the  superior  government, 
and  while  awaiting  its  report  was  to  work  the  prisoner  on  the 
public  roads.  He  had  full  authoriy  to  wage  war  on  the  Indians; 
and  was  to  be  lieutenant-colonel  of .  militia.13  "In  short/'  said 
Austin  of  himself,  "the  provincial  deputation  decreed  that  the 
should  preserve  good  order,  and  govern  the  colony  in  all  civil, 
judicial,  and  military  matters,  according  to  the  best  of  his  abili- 
ties, and  as  justice  might  require,  until  the  government  was  other- 
wise organized  and  copies  of  laws  were  furnished,  rendering  to 
the  Governor  of  Texas  an  account  of  his  aicts,  or  of  any  impor- 
tant event  that  might  occur,  and  being  himself  subject  to  him 
and  the  commander-general.  The  local  government  was  thus 
committed  to  him  with  the  most  extensive  powers,  but  without 
any  copies  of  laws,  or  specific  instructions  whatever,  for  his 
guide."15 

(2)     Administrative  divisions. — On  his  return  to  the  colony, 
Austin  found  that  Governor  Trespalacios,  who  had  succeeded  Mar- 

11A   Comprehensive  History  of  Texas,  I,  474. 

"Gammel,  H.  P.  N.,  Laws  of  Texas,  I,  12. 

"Austin  to  Garza,  May  27,  1823,  and  Garza  to  Austin,  June  16,  1823. 
Records,  Vol.  54,  p.  84,  and  Translations  of  Records  of  Austin's  First 
Colony,  Vol.  1,  p.  14,  General  Land  Office. 

"Gammel,   Laws  of  Texas,   I,   13. 


The  Government  of  Austin's  Colony,  1821-1831          227 

tinez  in  August,  1S22,16  had  divided  the  settlement  into  two  dis- 
tricts, one  on  the  Colorado  and  one  on  the  Brazos,  with  an  alcalde 
in  each  to  look  after  details  of  local  administration  and  justice.17 
In  December,  1823,  Austin  subdivided  the  Brazos  district,  and 
made  a  third,  which  he  called  the  San  Felipe  district;18  in  the 
fall  of  1824  he  incorporated  into  his  colony  some  immigrants  who 
had  drifted  in  and  settled  on  the  San  Jacinto,  and  continued  the 
district  already  there;19  in  January,  1826,  he  established  the  dis- 
trict of  Mina,  on  the  Colorado;20  and  at  the  same  time,  appar- 
ently, subdivided  the  San  Felipe  district  to  create  the  district  of 
Victoria.21  By  the  beginning  of  1828  there  was  still  another  dis- 
trict, making  seven  in  all.22  Associated  with  the  alcalde  in  the 
administration  of  these  early  districts  there  was  a  "constable" 
with  substantially  the  authority  and  functions  of  such  an  officer 
at  present.23 

"Trespalacios  took  over  the  office  of  Governor  from.  Martinez  on  August 
17,  1822;  and  resigned  April  17,  1823.  See  Martinez  to  Trespalacios, 
August  17,  1823,  and  Trespalacios  to  junta  provincial  gubernativa,  April 
17,  1823.  Bexar  Archives. 

"Austin's  statement  to  his  colonists  [1829],  in  A  Comprehensive  His- 
tory of  Texas,  I,  458;  Garnmel,  Laws  of  Texas,  I,  15.  Trespalacios  to 
Bastrop,  November  10,  1822  (University  of  Texas  transcripts  from  De- 
partment of  Fomento,  Mexico)  :  "Have  the  colonists  elect  a  military 
commandant  and  an  alcalde  or  juez  politico  to  do  justice  to  all  the  in- 
habitants of  the  district."  The  same  document,  with  Bastrop's  report  on 
the  colony,  December  11,  1811,  is  in  the  General  Land  Office  at  Austin, 
Spanish  Records,  Vol.  54,  pp.  75-78. 

"Austin's  proclamation,  December  2,  1823.  Austin  Papers,  miscellane- 
ous. The  limits  of  this  district  were  defined  as  extending  from  Choco- 
late Bayou  on  the  east  to  the  San  Bernard  on  the  west,  and  from  the 
Coast  to  the  Coshattie  road  in  the  interior.  On  January  1,  1825,  the 
district  of  the  Brazos  changed  its  name  to  Bravo  in  honor  of  General 
Nicholas  Bravo.  See  proclamation  of  Austin,  of  that  date.  Austin. 
Papers,  miscellaneous. 

"Austin  wrote  Gaspar  Flores,  political  chief  of  Texas,  on  August  26, 
1824,  that  the  settlers  of  San  Jacinto  wanted  to  join  his  colony  and  sug- 
gested that  he  be  allowed  to  extend  his  jurisdiction  to  the  left  bank  of 
the  San  Jacinto.  Flores  approved  this  request  on  September  21,  and  on 
November  4,  1824,  Austin  reported  that  it  had  been  done.  All  the  let- 
ters are  in  the  Austin  Papers. 

20Austin  to  Morrison  and  Buckner,  January  4,  1826.     Austin  Papers. 

21Ibid.  The  authority  for  this  statement  is  a  note  on  the  same  sheet, 
without  date. 

22 Austin's  statement  to  his  colonists  [1829],  in  A  Comprehensive  His- 
tory of  Texas,  I,  458;  and  Gammel,  Laios  of  Texas,  I,  15. 

28 John  Tumlinson  to  Bastrop,  March  5,  1823  (Austin  Papers),  says  he 
has  appointed  but  one  constable  to  summon  witnesses  'and  make  arrests. 


228  The  Southwestern  Historical  Quarterly 

(3)  Austin's  "Instructions  and  Regulations  for  the  Alcaldes" 
— For  two  years  the  alcaldes  seem  to  have  followed  a.  procedure 
of  their  own,  each  "doing  what  was  right  in  his  own,  eyes,"  but 
probably  conforming  as  nearly  as  conditions  and  his  own  knowl- 
edge would  permit  to  the  practice  of  a  justice  of  the  peace  in  the 
United  States.  It  was  power  of  a  sort  which  they  did  not  enjoy, 
however.  They  knew  their  own  people  too  well  and  the  Mexicans 
not  well  enough  to  feel  very  comfortable.  John  Tumlinson,  al^ 
calde  of  the  Colorado  district,  begged  Bastrop  for  a  "rule  whereby 
I  may  in  future  be  governed  for  the  general  good  and  peace  of 
society.'*2*  Josiah  H.  Bell,  of  the  Brazos,  after  confiscating  the 
property  of  a  horse  thief  to  pay  for  the  stolen  horses  and  the  cost 
of  capturing  him,  anxiously  asks  the  Governor  to  say  whether  he 
has  done  rightly.25  His  successor,  John  P.  Coles,  in  a  somewhat 
similar  case  resorted  to  a  jury  of  six  who  fined  the  defendant 
heavily  and  suggested  that  he  be  banished  from  the  colony.26 

To  introduce  a  more  uniform  system,  and  to  relieve  the  alcaldes 
of  responsibility  and  embarrassment,  Austin,  on  January  22,  1824, 
promulgated  a  set  of  "Instructions  and  Regulations  for  the  al- 
caldes/' This  constituted  a  brief  civil  and  criminal  code,  which 
Austin  apologetically  said  he  had  drawn  up  without  the  aid  of 
form  books  or  precedents,  while  subject  to  all  sorts  of  interrup- 
tions; wherefore  experience  might  disclose  many  errors  and  omis- 
sions which  would  have  to  be  corrected.  His  sole  purpose  in 
everything  was  "but  to  promote  the  general  prosperity  and  hap- 
piness of  us  all."  James  Cummins  acknowledged  receipt  of  his 
copy  on  March  23:  "I  think  them  good  for  which  myself  and 
my  neighbors  give  you  thanks.  May  the  Lord  direct  us  to  ad- 
minister them  properly."27 

The  people  complain  of  the  constable's  mileage  fee  of  five  cents  a  mile. 
He  has  not  charged  for  his  own  services  and  time,  which  he  can  ill 
afford  to  give  to  the  business1.  Tumlinson  was  alcalde  of  the  Colorado 
district.  On  January  26,  1824,  John  Austin  was  appointed  constable  of 
the  new  district  of  San  Felipe  and  gave  bond  for  $500.  Austin  Papers, 
miscellaneous. 

"Tumlinson  to  Bastrop,  March  5,  1823.     Austin  Papers. 

"Bell  to  Trespalacios,  May  4,   1823.     Austin  Papers. 

MColes  to  Austin,  January  31,    1824.     Austin   Papers. 

"Austin  to  Coles,  January  25,  1824,  and  Cummins  to  Austin,  March 
23,  1824.  Austin  Papers.  The  "Regulations"  may  be  found  conveniently 
in  A  Comprehensive  History  of  Texas,  I,  481-492. 


The  Government  of  Austin's  Colony,  1821-1831          229 

The  Civil  Code  provided  for  the  appointment  by  Austin  of  a 
sheriff  to  execute  his  own  processes  as  judge,  and  constables  to 
execute  those  of  the  alcaldes;  fixed  the  jurisdiction  of  alcaldes; 
and  prescribed  a  definite  judicial  procedure.  The  alcalde  acting 
alone  had  final  jurisdiction  under  ten  dollars,  acting  with  arbi- 
trators he  had  final  jurisdiction  up  to  twenty-five  dollars,  and 
primary  jurisdiction,  subject  to  appeal,  in  cases  up  to  two<  hun 
dred  dollars.  As  the  first  step  in  settling  a  case,  he  must  try  to 
bring  the  litigants  to  an  agreement  by  "conciliation" — a  sort  of 
settlement  out  of  court.  If  this  failed,  he  proceeded  to  try  the 
case  alone  or  with  the  help  of  arbitrators,  as  the  parties  to  the 
suit  determined.  The  political  chief,  Jose  Antonio  Saucedo,  ap- 
proved this  code  on  May  23  and  added  to  Austin's  draft  two 
articles,  one  regulating  the  treatment  of  stray  animals  and  the 
other  the  registering  of  marks  and  brands.28 

The  Criminal  Code  Saucedo  approved  the  next  day,  May  24.29 
Articles  1-4  dealt  with  offences  by  Indians, — such  as  violence  to 
colonists,  rambling  through  the  colony  without  license,  stealing, 
etc.  Anybody  was  authorized  to  arrest  and  conduct  such  Indians, 
without  the  use  of  arms,  if  possible,  to  the  nearest  alcalde  or  cap- 
tain of  militia.  If,  upon  examination  by  such  official,  the  Indians 
proved  to  be  guilty,  they  might  be  punished  by  twenty-five  lashes. 
Section  5  dealt  with  offenses  against  Indians.  The  colonists  were 
forbidden  under  penalty  of  heavy  fines  to  abuse  Indians,  being 
enjoined,  on  the  contrary,  to  treat  them  "at  all  times  and  in  all 
places  in  a  friendly,  humane,  and  civil  manner  so  long  as  they 
deserve  it."  Several  articles  covered  offenses  by  and  against  slaves 
and  provided  for  the  recovery  of  fugitive  and  stolen  slaves  by 

"Article  30  of  Austin's  code  constituted  the  first  fee  'bill  ever  in  oper- 
ation in  Anglo-American  Texas.  The  Alcalde's  fees  were:  "Issuing  a 
criminal  warrant,  4  bits;  for  a  forthwith  summons,  3  bits;  subpoena,  2 
bits;  summons,  2  bits;  subpoena  for  arbitration,  2  ibits;  judgment,  3 
bits;  entering  stay  of  execution,  2  bits;  entering  appeal  and  writing 
appeal  bond,  8  bits;  issuing  execution,  2  bits;  entering  special  bail  and 
taking  bond  in  case  of  attachment,  3  bits;  ditto  recording,  for  every  100 
words,  £  bit."  For  sheriff  and  constable  fees :  "Serving  criminal  war- 
rant, 8  bits;  serving  a  forthwith  warrant,  4  ibits;  summons,  2  bits;  sum- 
moning arbitrators  or  jury,  3  'bits ;  mileage,  going  and  returning,  5  cents 
a  mile;  levying  an  execution,  2  bits;  selling  property  and  collecting 
money,  4  per  cent  on  sums  under  $200 — and  1  per  cent  on  every  $100 
after." 

MSaucedo's  certificate  is  in  the  Austin  Papers,  miscellaneous. 


230  The  Southwestern  Historical  Quarterly 

their  owners.  The  rest  of  the  regulations  dealt  with  various 
crimes — some  suggested,  no  doubt,  by  anticipation  and  some  by 
actual  experience  in  the  colony:  murder,  theft,  robbery,  gambling, 
profane  swearing  and  drunkenness,  cohabitation  without  mar- 
riage, counterfeiting  or  passing  counterfeit  money,  etc.  Horse 
racing  was  excepted  from  the  general  prohibition  of  gambling, 
"being,"  it  was  explained,  "calculated  to  improve  the  breed  of 
horses,"  but  no  debt  contracted  thereby  was  recoverable  by  law. 
All  cases  must  be  investigated  by  the  alcalde  and  tried  by  a  jury 
of  six  and  the  record  and  verdict  transmitted  to  Austin  for  final 
judgment.  Capital  cases  must,  as  we  have  seen,  be  submitted  by 
Austin  to  the  authorities  at  Monterey.  Fines  were  the  usual  pen- 
alties prescribed  by  the  regualtions — to  be  applied  to  schools  and 
other  public  purposes — but  whipping  and  banishment  from  the 
colony  were  allowed.  For  theft  the  penalty  was  a  fine  of  three 
times  the  value  of  the  stolen  property,  and  hard  labor  on  public 
works  "until  the  superior  government  decides  on  the  case."  Al- 
caldes must  keep  a  permanent  record  or  docket  of  all  cases  tried 
by  them  and  pass  it  on  to  their  successors. 

In  a  letter  to  the  political  chief  in  August,  1824,  Austin  sug- 
gested a  scale  of  moderate  judicial  fees  which  he  asked  authority 
to  put  in  operation  for  so  long  as  he  should  be  responsible  for  the 
administration  of  justice.30  He  had  charged  nothing  for  any  pub- 
lic service  up  to  that  time,31  and  in  1829  he  again  wrote  that  up 
to  February,  1828,  when  the  ayuntamiento  was  organized  "the 
labor  and  expense  of  the  local  government  fell  principally  on  me 
individually."32 

Austin's  "Old  Three  Hundred"  were  a  remarkably  law-abiding 
people.  He  wrote  Bastrop  in  December,  1824,  that  since  his  re- 
turn from  Mexico,  more  than  eighteen  months  before,  there  had 
been  only  one  theft.33  Had  the  alcaldes  exercised  judicial  func- 
tions alone,  therefore,  their  public  duties  would  have  been  unim- 
portant, but  they  performed  other  services.  They  were  Austin's 

•"Austin's  blotter,  August  26,  1824.  The  rates  suggested  were:  Cases 
involving  from  $25  to  $40  six  reales,  $40  to  $70  eight  reales,  $70  to  $100 
twelve  reales,  and  above  $100  two  dollars. 

"Austin  to  his  colonists,  June  5,   1824.     Austin  Papers,  miscellaneous. 

**A  Comprehensive  History  of  Texas,  I,  48. 

"Austin  to  Bastrop,  December  22,   1824.     Austin  Pa.pers,  miscellaneous. 


The  Government  of  Austin's  Colony,  1821-1831          231 

local  correspondents,,  receiving,  promulgating,  and  executing  his 
orders,  and  keeping  him  informed  of  local  opinions  and  condi- 
tions; supervised  militia  elections;  kept  their  districts  free  of 
prowling  Indians  and  vagabonds;  settled  quarrels;  attested  con- 
tracts; and  performed  what  passed  in  effect  for  a  civil  marriage 
ceremony.  They  occupied,  in  fact,  a  sort  of  patriarchal  relation 
to  their  respective  communities. 

With  the  rapid  influx  of  immigrants,  after  1825,  judicial  busi- 
ness increased  and  Austin  found  himself  unable  to  spare  the 
time  from  other  pressing  demands  to  attend  to  appeals  from  the 
alcalde  courts.  On  July  6,  1826,  he  issued  ai  proclamation  order- 
ing each  of  the  six  districts  then  existing  to  elect  a  representative 
to  meet  with  him  to  form  a  new  judicial  system  and  adopt  an 
equitable  system  of  taxation  for  its  support  and  defend  the  settle- 
ments from,  hostile  Indians.34  The  result  of  this  conference  was 
the  creation  of  a  supreme  court  composed  of  any  three  alcaldes. 
This  might  hear  appeals  from  Austin  himself,  but  it  is  evident 
that  in  most  cases  the  appeal  was  directly  from  a  single  alcalde 
to  this  body  without  going  before  Austin.  The  court  of  the  'al- 
caldes, as  he  called  it,  held  three  sessions  a  year  at  San  Felipe.36 

In  November,  1826,  Austin  outlined  for  Bastrop,  the  Texan 
deputy  in  the  State  Congress,  or  Legislature,  a  complete  judicial 
system  for  Coahuila  and  Texas.  He  thought  this  one  of  the 
State's  most  pressing  needs.  Texas  should  have  two  circuit  courts, 
one  with  jurisdiction  from  the  Sabine  to  the  Lavaca  and  the  other 
from  the  Lavaca  to  the  western  limit  of  the  State;  and  there 
should  be  a  superior  court  with  sessions  alternately  at  Bexar  and 
Saltillo.  The  circuit  courts  should  have  final  appellate  jurisdic- 
tion over  all  cases  sent  up  from  the  alcalde  courts,  and  original 
jurisdiction  above  the  alcalde's  range.  In  some  instances,  of 
which  he  failed  to  give  an  illustration,  he  thought  the  superior 
court  should  have  original  jurisdiction;  but  in  general  it  would 
confine  itself  to  a  review  of  the  circuit  courts.  He  hoped  that 
the  jury  system  could  be  established  in  criminal  cases.,  and,  in  the 
meantime,  appeals  should  be  allowed  in  all  capital  cases,  so  that 

^Proclamation  of  July  6,  1826.     Austin  Papers,  miscellaneous. 

^Austin's  reply  to  an  interrogatory  in  the  case  of  Keep  vs.  Groce,  Aus- 
tin Papers,  undated,  1830-1835;  Austin's  Explanation  to  his  Colonists,  a 
pamphlet  published  in  1829,  in  A  Comprehensive  History  of  Texac,  I,  459. 


232  The  Southwestern  Historical  Quarterly 

the  decision  of  life  or  death  should  not  rest  with  one  man.  Ses- 
sions of  the  court  in  the  eastern  circuit  might  be  fixed  for  the 
second  Monday  of  October,  February,  and  June  at  San  Felipe, 
and  the  second  Monday  of  December,  April,  and  August  at  Nac- 
ogdoches.  At  both  places  there  should  be  a  resident  clerk  to  keep 
records,  issue  processes,  etc.,  and  a  sheriff  or  alguacil  to  execute 
writs  and  decrees.  Fees  of  all  officers  should  be  fixed  and  forms 
provided  for  uniform  procedure.  Judicial  proceedings  in  Eng- 
lish translated  into*  Spanish  by  an  official  translator  should  be 
legalized.  This,  in  fact,  was  essential.  Notaries,  should  be  cre- 
ated, and  a  digest  of  laws  in  force  should  be  published  in  book 
form,  distributed  to  officials,  and  sold  at  a  moderate  price  to  the 
people. 

Turning  then  to  general  administration,  Austin  urged  the  ap- 
pointment of  a  sub-political  chief  (gefe  subalterna)  at  San  Felipe, 
with  authority  from  the  Sabine  to  the  Lavaca,  or,  better,  two  sub- 
alterns, dividing  this  territory  between  them,  he  should  under- 
stand English  and  Spanish  and  be  a  medium  of  communication 
between  the  political  chief  and  the  alcaldes.36 

The  main  features  of  this  plan  were  gradually  enacted  during 
the  next  eight  years,  but  at  the  moment  nothing  was  done. 

Want  of  specific  laws  was  from  the  beginning  a  source  of  em- 
barrassment and  perplexity  to  Austin,  as  it  had  been  to  the  al- 
caldes. He  always  conformed  to  Mexican  laws  and  procedure 
when  he  could  ascertain  what  they  were,  and  when  he  could  not, 
or  when  they  did  not  seem  to  apply  to  the  peculiar  colonial  con- 
ditions, "necessity,''  as  he  wrote  Lucas  Alaman,  "compelled  me 
to  adopt  provisional  and  temporary  regulations."*  Some  of  the 
law?  which  he  early  urged  upon  Bastrop  to  meet  "pecular  colonial 
conditions"  were  a  probate  law  for  the  settlement  of  estates  whose 
heirs  resided  in  foreign  countries ;  a  law  concerning  the  sale,  deed- 
ing, and  conveyancing  of  land  by  the  colonists ;  and  a  law  staying 
for  twelve  years  the  enforced  payment  of  debts  contracted  by 
colonists  before  coming  to  Texas. 

(4)     The    Militia^ — Two    other    subjects    demanded    Austin's 

"Austin  to  Bastrop,  November  3,   1826.     Austin  Papers,  miscellaneous. 
*  Austin  to  Alaman,  Janary  20,  1824.     University  of  Texas  transcripts 
from  Department  of  Fomento,  Mexico. 


The  Government  of  Austin's  Colony,  1821-1831          233 

early  attention — the  organization  of  the  militia  and  the  establish- 
ment of  a  land  system.  By  the  national  law  of  April  9,  1823, 
every  male  citizen  between  the  ages  of  eighteen  and  fifty  was  sub- 
ject to  militia  service,  and,  as  we  have  seen,  Austin  was  by  the 
terms  of  his  commission  commander-iii-cliief  of  the  militia  of  his 
colony.  For  a  time  the  menace  of  the  Indians  was  an  effective 
stimulus  to  the  observance  of  the  law.  In  June,  1823,  while  on 
his  way  from  Mexico,  Austin  issued  an  order  dividing  the  scat- 
tered settlements  into  five  districts  and  instructing  the  inhabitants 
to  elect  company  officers  in  each.37  For  several  years  the  service 
was  fairly  burdensome,  and  from  time  to  time  Austin  had  to  sub- 
divide the  original  districts  to  permit  greater  flexibility  and  local 
independence  in  dealing  with  marauding  tribes.38  A  history  of 
the  militia,  if  material  were  available,  would  involve  aJ  history  of 
the  Indian  wars  of  colonial  Texas.  By  1829  the  white  man's 
power  was  established,  raids  became  infrequent,  and  interest  in 
the  militia  organization  diminished  to  such  al  degree  that  Austin 
complained  that  less  than  thirty  per  cent  of  the  voting  strength 
of  the  companies  took  the  trouble  to  vote  for  officers.39  They  had 
much  more  important  matters  to  occupy  them. 

(5)  The  Land  System,. — This  topic  deserves  treatment  in  a 
separate  paper.  Only  a  summary  can  be  given  here.  The  sub- 
ject received  Austin's  closest  attention,  and  brought  him  more 
annoyance  than  any  other  problem  with  which  he  had  to  contend. 
He  had  wide  discretion  in  the  allotment  of  land  to  settlers  in  his 
first  contract,  and  some  who  received  less  than  others  accused  him 
of  partiality  and  unfairness.  He  knew  the  history  of  the  harass- 
ing litigation  that  beggared  the  early  settlers  of  Kentucky  and 
Tennessee,  and  the  orderly  surveys  and  necessary  formalities  and 
restrictions  which  he  insisted  on  to  prevent  such  a  condition  in 
Texas  seemed  to  some  who  could  not  understand  their  beneficent 
purpose  merely  irritating  interferences  of  a  petty  tyrant.  His 
surveyors  and  clerks  had  to  be  paid,  and  because  he  exacted  a  fee 
of  12J  cents  an  acre  for  the  land,  they  abused  him  for  exploiting 
them. 

"Proclamation.     Austin  Papers,  miscellaneous. 

^Proclamation    dividing   the   fifth    district,   December   5,    1823;    and   of 
March  31,  1824,  dividing  the  third  district.     Austin  Papers,  miscellaneous. 
^Austin  to  Bell,  April  4,   1829.     Austin  Papers. 


234  The  Southwestern  Historical  Quarterly 

First  as  to  the  fees:  on  August  18,  1821,  just  before  leaving 
San  Antonio  to  select  the  land  for  his  colony,  Austin  submitted  a 
plan  to  Governor  Martinez  for  the  distribution  of  the  land  to  set- 
tlers. Every  man,  whether  married  or  single,  should  receive  a 
town  lot  and  a  parcel  of  farming  and  grazing  land,  the  former 
fronting  on  a  water  course.  If  married,  two  hundred  additional 
acres  should  be  granted  in  the  wife's  right,  eighty  acres  for  each 
child,  and  fifty  for  each  slave.  Martinez  endorsed  the  plan  and 
forwarded  it  to  the  commandant  for  approval.  In  the  meantime, 
he  thought  Austin  might  proceed  on  the  assumption  that  it  would 
be  approved,  as  he  felt  sure  that  no  important  alterations  would 
be  made  by  his  superiors.  From  Natchitoches  Austin  wrote  him 
on  October  12  that  he  had  decided  to  diminish  the  amount  of 
land  to  single  men  and  increase  it  to  heads  of  families,  giving  them 
640  acres  for  a  headright,  320  acres  for  the  wife,  16'0  for  each 
son,  and  80  for  each  slave.40  In  neither  of  these  communications 
did  Austin  say  anything  to  Martinez  about  charging  the  colon- 
ists a  fee  for  the  land.41  He  had,  however,  already  made  con- 
tracts with  colonists,  agreeing  to  deliver  land  at  12J  cents  an  acre 
and  bear  all  costs  himself  for  surveying,  issuing  and  recording 
titles,  stamped  paper,  etc.42  Half  was  to  be  paid  on  receipt  of 
title  and  the  other  half  a  year  after.  On  returing  to  New  Or- 
leans, Austin  published  these  terms  in  the  newspapers  and  they 
were  widely  copied  by  the  western  press.43  He  sent  Martinez  and 
Garzai  copies  of  the  papers  containing  his  announcements  and  as- 
sumed that  by  their  silence  they  approved.  It  must  be  obvious 

^Austin  to  Martinez,  August  18,  and  Martinez  to  Austin,  August  19, 
1821.  Austin  Papers.  Austin  to  Martinez,  October  12,  1821.  Univer- 
sity of  Texas  Transcripts,  archives  of  the  Department  of  Fomento,  Mexico. 

"Austin  said  in  his  explanation  to  his  colonists  (June  5,  1824,  Austin 
Papers,  miscellaneous),  that  he  wrote  Martinez  from  Natcnitoches  "that 
as  the  land  which  I  was  to  receive  for  myself  would  ibe  no  compensation 
for  my  labors  and  expenses  in  an  enterprize  of  such  magnitude,  I  must 
receive  something  from  the  settlers  or  I  could  not  proceed  with  the 
Business." 

"Agreement  with  J.  H.  Bell,  October  6,  1821,  and  with  William  Kin- 
cheloe,  October  16.  Austin  Papers,  miscellaneous. 

43  ...  "And  explicity  stated  that  those  who  settled  under  the  said 
permission  to  my  father  must  pay  me  12£  cents  per  acre  which  would 
be  in  full  for  all  expences  of  surveying  and  everything.  I  was  particu- 
lar to  make  these  terms  as  public  as  possible  that  no  one  might  come 
without  knowing  distinctly  the  conditions  of  his  reception." — Austin  to 
his  colonists,  June  5,  1824. 


The  Government  of  Austin's  Colony,  1821-1831          235 

to  any  one,  he  argued,  that  he  would  never  have  undertaken  the 
labor  and  expense  of  establishing  the  colony  without  expecting 
some  compensation  besides  the  land  which  he  might  acquire.  Be- 
fore this  question  became  an  issue  with  his  colonists,  however,  he 
was  to  have  a  bout  with  the  government  and  gain  through  delay 
and  disappointment  an  insight  into  private  and  official  Mexican 
character  the  lack  of  which  brought  partial  or  complete  failure  to 
every  other  empresario  who  undertook  to  colonize  a  grant. 

On  December  15,  1821,  Gaspar  Lopez,  who  had  succeeded  Garza 
as  commandant  general  of  the  Eastern  Interior  Provinces,  wrote 
Martinez  that  Austin  had  no  authority  to  make  allotments  of  land., 
that  his  applications  must  be  presented  to  the  government,  and 
that  should  the  settlers  arrive  in  the  meantime,  the  nearest  ayun- 
tamiento  should  locate  them  provisionally  until  the  supreme  gov- 
ernment passed  the  necessary  provision.45  Martinez  reported  the 
substance  of  this  to  Austin  in  March,  1822,  and  advised  him,  if 
he  wished  to  avoid  delay,  to  go  to  the  capital  and  urge  his  cause 
in  person.  After  one  night's  deliberation  Austin  set  out  for  Mex- 
ico City,  where  he  arrived  on  April  28.  He  found  the  new  gov- 
ernment unwilling  to  make  a  special  order  of  his  case,  and  had 
to  wait  with  what  patience  he  could  until  Congress  should  pass  a 
general  colonization  law.  The  committee  in  charge  of  the  sub- 
ject worked  slowly,  with  many  interruptions  and  diversions,  so 
that  it  was  not  until  January  4,  1823,  that  the  law  was  passed 
"I  can/'  said  Austin,  "without  boasting  say  that  my  constant  Ex- 
ertions and  importunity  with  the  Members  both  directly  and  in- 
directly through  my  friends  produced  this  law."47  Six  weeks  later 
(February  18)  the  Emperor  approved  Austin's  petition  to  setttle 
his  three  hundred  families  on  the  terms  established  by  the  law. 
Only  two  features  of  the  law  need  be  noticed  here.  One  increased 
enormously  the  amount  of  land  that  Austin  had  promised  his  col- 
onists, allowing  headrights  of  a  labor  (177  acres)  of  farming  land 
and  a  league  (4,428  acres)  of  grazing  lands;  and  the  other  pro- 
vided for  the  compensation  of  empresarios  or  contractors  who  in- 
troduced immigrants  at  the  rate  of  66,774  acres  for  each  two 
hundred  families,  With  success  already  within  his  grasp  'Aus- 

45University  of  Texas  Transcripts  from  Department  of  Fomento,  Mexico. 
"Austin  to  the  colonists,  June  5,  1824.  Austin  Papers,  miscellaneous 


236  The  Southwestern  Historical  Quarterly 

tin's  hopes  were  now  dashed  by  the  overthrow  of  Iturbide  and  the 
aimullment  of  all  the  laws  passed  since  his  accession.  On  April 
14,  however,  the  constituent  Congress  confirmed  his  grant  as  de- 
fined by  the  imperial  decree,  and  he  departed  for  Texas.48  He 
was  delayed  at  Monterey,  as  we  have  seen,  settling  details  con- 
cerning his  authority  in  the  administration  of  the  colony,  and  did 
not  arrive  until  mid-summer. 

There  dissatisfaction  already  existed  over  the  12J  cent  fee 
which  the  settlers  had  agreed  to  pay,  and  in  an  open  letter  of 
August  6,  Austin  mode  it  plain  that  they  must  fulfill  their  con- 
tracts. He  had  risked  his  life,  health,  and  property  in  the  enter- 
prise, and  would  make  the  fortunes  of  all  his  followers;  to  the  ex- 
pense already  borne  he  must  still  add  that  of  surveying  and  of 
issuing  and  recording  titles;  the  government  did  not  pay  a  cent 
toward  these  expenses,  and  a  moment's  reflection  would  convince 
them  that  they  must  help  him  a  little.  Those  who  could  must 
pay  money,  others  any  kind  of  property  that  would  not  be  a  dead 
loss  to  him — horses,  mules,  cotton,  hogs,  poultry,  furs,  beeswax, 
home-made  cloth,  dressed  deerskins,  etc., — part  down  and  the  bal- 
ance in  two,  three,  and  four  years.  Most  of  what  he  collected 
would  really  go  to  improve  the  colony,  so  that  all  would  benefit 
from  it.49  Four  days  later  Bastrop,  whom  the  Governor  had  ap- 
pointed commissioner  to  extend  titles  to  the  settlers,  pointed  out 
to  them  some  of  the  advantages  which  they  enjoyed  through  Aus- 
tin's labors :  his  grant  was  confirmed,  their  titles  were  secure,  and 
would  be  issued  at  once;  no  other  contract  had  been  approved, 
Austin's  grant  was  limited  to  three  hundred  families,  Austin  was 
absolute  in  determining  who  should  be  received  into  the  colony, 
and  those  rejected  by  him.  would  have  to  retire  to  the  interior, 
there  to  await  the  disposition  of  the  government.50  The  mur- 
muring continued,  but  for  a  time  they  paid  the  fee.51 

"In  1829,  Austin  published  an  account  of  his  experiences  for  the  in- 
formation of  his  colonists.  See  A  Comprehensive  History  of  Texas,  I, 
451-54. 

"Austin  to  Bell,  and  to  Boll,  Robertson,  Kuykendall,  et  al,  August  6, 
1823.  Austin  Papers. 

"Bastrop's  proclamation  "to  the  Inhabitants  of  the  -Colorado  District," 
August  0,  1823.  Austin  Papers,  miscellaneous. 

"See,  for  example,  Austin's  receipts  to  Jared  E.  Groce,  October  18, 
1823,  for  $326.49,  part  payment  for  two  leagues  of  land;  to  Francis  Big- 


The  Government  of  Austins  Colony,  1821-1831          237 

On  October  30,  Austin  drew  up  an  explicit  statement  of  the 
conditions  of  settlement  in  his  colony:  settlers  must  give  "the 
most  unequivocal  and  satisfactory  evidence  of  unblemished  char- 
acter, good  morals,  sobriety,  and  industrious  habits";  and  must 
have  sufficient  means  to  pay  for  their  lands  and  get  a  start  in  the 
colony  as  farmers  or  mechanics.  "N~o  frontiersman  who  has  no 
other  occupation  than  that  of  a  hunter  will  be  received — no  drunk- 
ard, no  gambler,  no  profane  swearer,  no  idler  .  .  .  will  he 
received."  Those  rejected  for  bad  character  would  be  ordered 
from  the  settlements,  and,  if  necessary,  escorted  out  under  guard, 
their  own  property  being  seized  to  pay  the  cost  of  the  escort. 
Persons  accepted  as  settlers  would  receive,  as  a  rule,  a  league  of 
land  of  their  own  choice  at  the  rate  or  $12.50  per  hundred  acres, 
payable  in  cash,,  cattle,  or  negroes,  on  receipt  of  title.  This  pay- 
ment would  include  the  cost  of  surveying,  issuing  and  recording 
title,  and  all  other  charges.  Persons  with  large  capital  or  a  large 
family  might  obtain  more  than  a  league.  Single  men  must  com- 
bine in  groups  of  ten  in  order  to  receive  a  league  in  common. 
The  next  day  he  issued  a  public  notice  requiring  newcomers  to 
report  immediately  upon  arrival  to  the  nearest  alcalde;  if  they 
wished  land,  they  must  report  to  Austtin  himself  and  show  evi- 
dences of  good  character  before  selecting  it.52 

gam,  November  17,  1823,  for  $1291.80;  to  Benjamin  Fowler,  November 
25,  for  200  bus-hels  of  corn  at  fifty  cents  a  bushel;  to  Alexander  John- 
son, 'March.  7,  1824,  for  $231.75  "in  surveyor's  orders."  All  in  Austin 
Papers,  miscellaneous. 

52"Terms  on  which  settlers  are  admitted  into  the  colony  formed  by 
Stephen  F.  Austin  in  the  Province  of  Texas,"  October  30,  and  "Public 
Notice,"  October  31,  1823.  Austin  Papers,  miscellaneous.  After  this  one 
Garner  was  given  ten  lashes  for  entering  the  colony  without  the  proper 
credentials,  showing  Austin's  intention  of  enforcing  to  the  letter  the  re- 
quirement of  certificates  of  character.  See  Austin  to  Bell,  December  6, 
1823.  Austin  Papers. 

The  provision  for  granting  more  than  a  league  to  those  whose  capital 
or  large  families  would  enable  them  to  improve  it  was  sound  policy  and 
was  later  incorporated  in.  the  State  colonization  law,  but  many  of  the  set- 
tlers, those  "North  American  frontier  republicans,"  as  Austin  called 
them,  "who  felt  that  they  were  sovereigns,"  refused  to  see  in  it  a  valid 
ground  of  distinction.  Their  complaints  caused  Austin  great  annoyance, 
but  he  was  relieved  from  further  embarrassment  on  this  point  by  the 
colonization  law  of  March,  1825,  which  required  the  approval  of  all  ex- 
ceptional grants  by  the  Governor. 


238  The  Southwestern  Historical  Quarterly 

In  the  meantime,  murmurs  over  the  12  J  cent  fees  had  reached 
Bexar,  and  on  May  20,  1824,  the  political  chief,  Antonio  Saucedo, 
promulgated  a  schedule  of  fees  which  took  no  account  of  Austin's 
contracts.  Thereafter  for  a  league  of  land,  the  settler  should  pay 
$127.50  to  the  commissioner  who  gave  him  his  title,  $27  to  the 
surveyor,  $8  for  clerical  labor  and  stamped  paper,  and  $30  to  the 
government,  or  a  total  of  $192. 50,53  while  at  12J  cents  an  acre 
it  would  have  cost  him  $555.  Austin  believed  that  Saucedo  ha<3 
no  authoritv  to  interfere  with  his  private  contracts,  and  in  a 
straightforward  review  of  the  history  of  the  colony  made  a  pow- 
erful argument  for  their  observance.  The  enterprise  had  cost  his 
father's  life;  he  himself  had  spent  three  years  and  much  money 
in  getting  the  colony  established;  the  contract  was  a  fair  one; 
they  had  accepted  it  freely  and  with  full  knowledge  of  its  terms, 
and  not  one  of  them  but  knew  he  was  getting  good  value  for  his 
money,  because  titles  in  Austin's  grant  were  secure  and  would  be 
issued  immediately,  while  settlers  in  other  parts  of  the  province 
had  not  the  slightest  assurance  that  they  would  ever  get  titles.54 
If  the  Governor  had  the  right  to  annul  a  private  contract,  would 
their  titles  be  safe?  Where  could  one  draw  the  line?55  When  one 
remembers  that  the  cost  and  labor  of  the  local  administration  fell 
mainly  on  Austin,  that  presents  to  keep  the  Indians  peaceable  and 
sometimes  the  equipment  for  campaigns  against  them  were  paid 
for  by  him,  that  his  house  was  a  place  of  entertainment  for  trav- 
elers visiting  the  country  with  a  view  to  settling,  that  he  paid  a 
secretary  $1000  a  year  chiefly  to  record  titles  and  prevent  con- 
flicts and  costly  litigation  by  the  colonists,56  it  is  easy  to  under- 
stand that  his  premium  lands  would  not  only  have  been  an  in- 
adequate compensation;  but  for  years  would  not  have  reimbursed 
him  for  actual  expenses.  Much  of  his  difficulty  Austin  attrib- 

"Memorandum  signed  by  Austin  and  Saucedo,  May  20,  1824.  Austin 
Papers,  miscellaneous. 

"Settlers  outside  Austin's  Colony  realized  this  advantage  very  keenly. 
See,  for  example,  H.  Jackson  to  Austin,  San  Jacinto,  April  3,  1825  (Aus 
tin  Papers)  :  "The  settlers  on  the  east  of  San  Jacinto  is  unanimous  to 
Continue  in  your  Collony  they  are  willing  to  sine  any  pe[ti]tion  for 
that  purpose  if  you  are  wiling  to  accept  us  in  your  Collony" 

"Austin's  explanatnon  to  his  colonists,  June  5,  1824.  Austin  Papers, 
miscellaneous. 

"Austin's  memorial  to  the  State  Congress,  October  11,  1827.  Austin 
papers,  miscellaneous. 


The  Government  of  Austin's  Colony,  1821-1831          239 

uted  to  the  colonists'  ignorance  of  the  Spanish  language  and  to 
the  indefiniteness  of  certain  laws.  "You  know/'  he  wrote  in  1825, 
that  it  is  innate  in  an  American  to  suspect  and  abuse  a  public 
officer  whether  he  deserves  it  or  not.  I  have  had  a  mixed  multi- 
tude to  deal  with,  collected  from  all  quarters,  strangers  to  each 
other,  to  me,  and  to  the  laws  and  language  of  the  country.  They 
came  here  with  all  the  ideas  of  Americans  and  expect  to  see  and 
understand  the  laws  they  are  governed  by,  ...  Could  I  have 
shown  them  a  law  denning  positively  the  quantity  of  land  they 
were  to  get  and  no  more  and  a.  code  of  laws  by  which  they  were 
to  be  governed  I  should  have  had  'no  difficulty  but  they  saw  at 
once  that  my  powers  were  discretionary,  and  that  a  very  great 
augmentation  to  their  grants  could  be  made,  and  thus  the  coloni- 
zation law  itself  and  the  authority  vested  in  me  under  that  law 
holds  me  up  as  a,  public  mark  to  be  shot  at  by  every  one.57 

Many  of  the  settlers  offered  to  pay.  No  candid  man  denied  the 
obligation,  said  John  P.  Coles;58  but  Austin,  knowing  that  others 
would  refuse,  and  that  efforts  to  make  them  pay  against  their 
will  would  injure  the  colony,  relinquished  his  claims  and  collected 
from  none.59  Instead,  Bastrop  agreed  to  give  him  a  third  of  the 
commissioner's  fees,  which  would  yield  him  $42  a  league.60  Later 
both  Federal61  and  State62  colonization  laws  guaranteed  such  con- 
tracts between  empresarios  and  colonists,  and  in  his  subsequent 
contracts  Austin  took  advantage  of  this.63  In  April,  1825,  at  the 
opening  of  his  second  colony,  he  announced  that,  besides  the  cost 
of  surveying,  stamped  paper,  and  the  $30  which  must  be  paid  to 

"Austin  to  B.  W.  Edwards,  September  15,  1825.     Austin  Papers. 

MColes  to  Austin,  July  7,  1824.     Austin  Papers. 

58 Austin's  statement  to  his  colonists  (November  1,  1829),  in  A  Com- 
prehensive History  of  Texas,  I,  462. 

^Austin's  "Statement  .  .  .  relative  to  the  settlement  of  the  busi- 
ness between  S.  F.  Austin  and  the  late  J.  H.  Hawkins.  September  14, 
1832.  Austin  Papers,  miscellaneous.  An  excellent  account  of  Austin's 
difficulties  over  the  12£  cent  fee  was  published  by  Lester  G.  Bugbee  in 
April,  1899,  "Some  Difficulties  of  a  Texas  Empresario,"  Publications  of 
Southern  History  Association,  95-113. 

"Passed  August  18,   1.824 — Article  14.     Gammel,  Laws  of  Texas,  I,  98. 

«2Passed   March   24,    1825— Article   9.     Ibid.,    100. 

63Erasmo  Seguin,  Texan  deputy  in  the  National  Congress,  wrote  Aus- 
tin on  August  11,  1824,  that  the  colonization  law  would  (be  passed  the 
next  day  and  that  this  was  the  intention  of  an  article,  which  he  quoted. 
Austin  Papers. 


240  The  Southwestern  Historical  Quarterly 

the  State  in  installments  of  four,  five,  and  six  years,  applicants 
for  a  league  must  pay  him  $60,  the  commissioner  $15  and  the 
secretary  who  filed  the  application  and  translated  and  recorded 
the  papers  $10.64  Two  years  later  he  announced  slight  modifica- 
tions of  this  schedule,65  and  in  November,  1829,  put  into  effect  the 
scale  that  seems  to  have  continued  thereafter.  This  provided  that 
immigrants  must  first  file  information  concerning  the  number, 
age,  and  sex  of  their  families  and  dependents,  their  occupatioDS, 
place  from  which  they  emigrated,  date  of  arrival  in  the  colony, 
and  certificate  of  Christianity,  morality,  and  steady  habits.  If  this 
was  found  satisfactory,  they  were  given  a  certificate  stating  that 
they  had  been  received  by  Austin  as  colonists,  which  entitled  them 
to  select  for  themselves  any  unappropriated  land  in  the  colony. 
For  this  certificate  they  paid  Austin's  secrtary  $2.  Having  made 
their  selections,  they  presented  through  the  secretary  a  formal 
petition  to  the  commissioner  for  a  title.  For  the  clerical  labors 
involved  in  this,  including  translations,  they  paid  the  secretary 
$5,  signed  a  note  promising  to  pay  him  $5  more  when  the  title 
was  delivered,  and  signed  a  note  for  $50  to  Austin,  payable  $10 
on  receipt  of  title  and  the  balance  in  one  year.  "The  above/'  ex- 
plained Austin,  uis  a  compensation  for  the  labor  of  translating 
and  attending  to  getting  the  titles  for  the  applicant,  which  I  am 
not  bound  to  do,  as  empresario,  unless  paid  for  it/'66  In  addi- 
tion to  this  there  was  the  commissioner's  fee,  fixed  by  law  at  $15 
for  a,  league  of  pasture  land  and  $2  to  $2.50  for  a  labor  of  farm- 
ing land  ;67  the  surveyor's  fee  of  $4  a  mile ;  and  the  cost  of  stamped 

""Regulations  to  (be  observed  by  those  desiring  land  in  Austin's  Second 
Colony,"  April  — ,  1825.  Austin  Papers,  miscellaneous.  Saucedo  seems 
to  have  approved  this  October  17,  1825. 

""Notice,"  April   16,   1827.     Austin   Papers,   miscellaneous. 

•"Printed  notice,  dated  November  20,  1829,  pasted  inside  the  front  cover 
of  "applications  for  land  in  Austin's  colony,  Book  A,"  General  Land 
Office.  Austin  suggested  the  following  form  of  application: 

"To  Mr.  S.  F.  Austin,  Empresario — I  have  emigrated  to  this  Colony, 
as  one  of  the  colonists  whom  you  are  'authorized  by  Government  to  in- 
troduce; and  I  request  that  you  will  examine  my  recommendations,  and 
that  if  found  to  be  agreeably  to  law,  receive  me  and  my  family  under 
your  contracts  with  the  Government.  I  agree  to  the  terms  published 
by  you  on  the  20th  November,  1829;  I  am  ready  to  take  the  oath  pre- 
scribed by  the  Colonization  Law." 

"Decree  No.  62,  Laws  of  Coahuila  and  Texas,  May  15,  1828,  in  Gam- 
mel,  Laivs  of  Texas,  I,  216. 


The  Government  of  Austin's  Colony,  1821-1831          34-1 

paper  for  the  application,  title,  and  certified  copy.68  Until  1827 
the  original  title  was  retained  in  Austin's  office  and  a  certified 
copy  given  to  the  settler,  but,  realizing  the  danger  of  losing  loose 
sheets,  Austin  asked  and  obtained  permission  to  record  titles  in 
a  bound  book.69  The  work  of  transcribing  the  documents  and 
verifying  the  copies  was  done  by  Austin  and  his  secretary,  Samuel 
M.  Williams,  and  Austin  paid  a  draftsman  $5  a  day  from  his  own 
pocket  to  plat  the  survey  at  the  end  of  each  title.70  The  volume, 
in  the  General  Land  Office,  bears  eloquent  testimony  to  his  wise 
and  painstaking  interest  in  the  welfare  of  the  settlers. 

The  fees  which  Austin  demanded  of  colonists  who  settled  his 
later  grants  were  frequently  never  paid.  Hundreds  of  notes  for 
$50  each  still  preserved  in  his  papers  at  the  University  of  Texas 
show  that  many  of  them  did  not  make  even  the  initial  payment 
on  delivery  of  title.  "No  one  was  turned  away,  or  ever  waited 
for  his  title,  because  he  was  poor,"  said  Austin,  and  most  of  those 
who  paid  did  so  with  cows,  horses,  mules,  hogs,  corn,  and  other 
produce  at  a  price  far  above  the  market.71  At  times,  on  the  con- 
trary, he  even  lent  them  the  money  to  pay  the  surveyor  and  the 
commissioner.  Some  money,  however,  was  absolutely  essential, 
and  when  he  could  Austin  exacted  cash  from]  those  who  had  it. 
This  caused  complaints  of  partiality,  in  which,  to  Austin's  sup-- 
prise,  those  who  had  profited  most  from  his  leniency  and  discrim- 
ination sometimes  joined.  Characteristically,  however,  he  offered 
excuses  for  them:  "They  did  not  reflect  that  it  was  the  interest 
of  all  to  get  the  settlement  under  way,  and  that  if  poor  men  had 
been  turned  off  because  they  could  not  pay  their  fees,  the  settle- 
ment would  have  been  thinned  so  much  that  it  would  have  been 
totally  broken  up." 

The  main  features  of  the  system,  as  finally  developed  by  Austin 
may  be  restated  for  the  sake  of  clearness:  From  the  beginning 

^Austin's  "Notice"  to  the  colonists,  April  16,  1827.  Austin  Papers, 
miscellaneous. 

'"Governor  of  the  State  to  Graspar  Flores,  Commissioner  of  Austin's 
Colony,  May  31,  1827.  Land  Office,  Vol.  54,  p.  105. 

™A  Comprehensive  History  of  Texas,  I,  459. 

"Austin's  statement  to  the  Colonists,  November  1,  1829,  in  Hid.,  462- 
63:  "I  appeal  to  you  all  to  say  whether  I  would  now  get  40,  50,  or  60 
Dlls  for  horses  which  I  have  received  at  $100,  120,  and  150  Dlls  and  all 
other  property  in  the  same  proportion." — Austin  to  his  colonists,  June 
5,  1824.  Austin  Papers,  miscellaneous. 


24:2  The  Southwestern  Historical  Quarterly 

Austin  had  sole  authority  to  admit  or  reject  immigrants  within 
the  broad  limits  of  his  grant,  and  the  law,  as  well  as  sound  policy 
required  him  to  prevent  the  settlement  of  bad  characters.  He 
therefore  required  applicants  to  file  testimonials  of  character  from 
responsible  persons  and  take  the  oath  of  allegiance  to  the  Mexi- 
can government  before  granting  them  certificates  of  admission, 
which  authorized  them  to  select  land  and  have  it  surveyed  by  am 
official  surveyor  appointed  by  the  commissioner.  This  done,  and 
the  necessary  notes  and  fees  attended  to,  the  applicant  petitioned 
for  his  title,  which,  upon  proper  attestation  from  Austin,  the  com- 
missioner issued.  Essentially,  of  course,  the  system  was  the  same 
as  that  in  the  United  States,  so  that  Austin's  claim  to  our  ad- 
miration is  not  that  he  originated  an  excellent  system,  but  that  at 
the  cost  of  much  labor  and  some  money  he  so  faithfully  adhered 
to  a  model  already  tested  by  the  experience  of  a  generation. 

3.     Establishment  of  Normal  Government — the  Ayuntamiento  of 

San  Felipe 

Austin's  tenure  of  extraordinary  powers  was  probably  more  pro- 
longed than  either  he  or  the  authorities  had  expected  it  to  be,  and 
was  certainly  more  so  than  he  desired.  This  was  due  to  the  dis- 
organization of  the  central  government,  which  made  it  impossible 
to  attend  to  local  affairs.  By  1824,  however,  discussion  of  the 
Constitution  was  sufficiently  advanced  to  warrant  Congress  in  tak- 
ing steps  to  put  the  Federal  system  into  operation,  and  on  Febru- 
ary 4  it  promulgated  a,  decree  for  the  election  of  State  Legislatures. 
On  May  7  it  united  Coahuila  and  Texas  into  one  State,  until  Texas 
should  be  qualified  "to  figure  as  a  State  by  itself,"  and  ordered  the 
election  of  ten  deputies  for  Coahuila  and  one  for  Texas  to  form  the 
Legislature  at  Saltillo.72  Texas  was  represented  in  the  Federal 
Congress  at  this  time  by  Erasmo  Seguin,78  and  in  May  Bastrop74 

"Dublan  and  Loza.no,  Legislation  Mexicana,  I,  677,  706. 

78The  salaries  of  deputies  were  paid  by  their  respective  provinces.  The 
colonists  subscribed  640  bushels  of  corn  towards  Seguin's  maintenance. 
See  list  of  subscriptions,  November  16,  1823,  Austin  Papers,  miscellane- 
ous; also  Austin  to  political  chief,  December  2,  1823,  in  translations 
from  Bexar  Archives,  Texas  State  Library. 

"Austin  to  Alcalde  of  San  Felipe  de  Austin,  May  25,  1824.  See  also 
Austin  to  political  chief,  April  20,  1824 — vote  taken  by  courier  yesterday 
and  more  than  half  the  colonists  have  already  chosen  Bastrop;  will 


The  Government  of  Austin's  Colony,  1821-1831          243 

was  elected  to  represent  it  in  the  Legislature.  Austin,  as  we  have 
seen,  was  a  steady  correspondent  of  Bastrop's,  and  made  many 
suggestions  for  the  improvement  of  local  government,  but  the  Leg- 
islature was  engaged  until  March,  1827,  in  framing  the  Consti- 
tution, and  the  only  law  passed  prior  to  that  time  which  was  of 
material  importance  to  the  colony  was  the  colonization  law,  and 
that  did  not  affect  the  government.  Sections  VI  and  VII  of  the 
Constitution  applied  to  local  government,  the  first  defining  the 
duties,  powers,  qualifications,  and  method  of  election  of  the  po- 
litical chief,  and  the  second  doing  much  the  same  thing  for  ayun- 
tamientos.  In  both  cases  the  substance  of  former  Spanish  laws 
and  practices  was  embodied,  but  one  provision  led  to  Austin's  re- 
lease legally  and  formally,  at  least,  from  the  burden  of  governing 
his  collection  of  "'North  American  frontier  republicans/'  This  was 
the  requirement  that  an  ayuntamiento  must  be  established  in  towns 
which  "of  themselves  or  with  the  territory  they  embrace  contain 
a  population  of  one  thousand  souls."75 

The  Constitution  prescribed  age,  residence,  property,  and  edu- 
cational qualifications  and  terms  of  service,76  but  left  particular 
definition  of  the  duties  and  functions  of  the  ayuntamiento  to  leg- 
islation. Accordingly  on  June  15  the  Governor  promulgated  a 
law  entitled  "regulations  for  the  political  administration  of  the 
towns."77  This  began  by  providing  that  the  ayuntamientos  in 
towns  with  a  population  under  2,500  should  consist  of  one  alcalde, 
two  regidores,  and  one  sindico  procurador;  those  between  2,500  and 

5,000  should  add  two  more  regidores;  those  between  5,000  and 

make  a  full  report  when  all  votes  received;  feels  sure  that  Bastrop  will 
be  unanimously  elected.  Translations  from  Bexar  Archives  in  Texas  State 
Library. 

"Article   156,  in  Gamniel,  Laws  of  Texas,  I,  335. 

T8One  must  be  a  citizen,  over  twenty-five  years  old  if  single  or  twenty- 
one  if  married,  three  year  a  resident  of  the  district,  must  have  "some 
capital  or  trade  whereby  to  subsist,"  and  be  able  to  read  and  write. 
Elections  were  to  be  held  the  second  Sunday  and  Monday  in  December. 
All  Alcaldes  whether  one  or  more,  half  the  regidores,  and  half  the  sindicos 
were  elected  annually.  If  there  was  only  one  sindico  he  held  for  only 
one  year. 

"This  is  omitted  in  the  official  publication  of  the  Laws  of  Coahuila 
and  Texas,  and  therefore  does  not  appear  in  Giammel.  There  is  a  copy 
in  Spanish  in  the  Austin  Papers  and  a  translation  in  the  Texas  Gazette, 
October  31,  1829.  The  translation  is  anonymous,  but  was  no  doubt  done 
by  Austin.  Among  his  manuscripts  there  are  a  number  of  notes  identi- 
cal with  the  footnotes  in  the  Gazette.  See  p.  299,  note  2.  below. 


244  The  Southwestern  Historical  Quarterly 

10,000  were  entitled  to  two  alcaldes,  six  regidores,  and  two  sin- 
dicos;  and  so  on.  The  duties  of  the  ayuiitamiento  covered  a  wide 
range,  including  most  of  the  functions  of  a  modern  city  commis- 
sion and  some  of  those  belonging  to  the  country  commissioners— 
to  promote  the  establishment  of  hospitals,  poor  houses  and  edu- 
cational and  charitable  institutions,  and  to  administer  them  when 
established;  to  license  qualified  and  properly  certified  physicians 
and  druggists  and  prevent  others  from  practicing;  to  appoint 
boards  of  health,  inspect  foods,  markets,  and  drug  stores.,  keep  the 
streets  clean,  visit  prisons,  drain  lakes  and  stagnant  ponds,  and 
wage  continual  war  on  every  menace  to  the  health  of  man  and 
beast;  to  see  that  streets  were  straight  and  ornamented  with  shade 
trees,  and  wherever  possible,  paved  and  lighted;  to  maintain  roads 
and  public  buildings;  preserve  the  forests;  punish  vagabonds, 
drunkards,  idlers,  and  gamblers;  promote  agriculture,  industry, 
and  commerce;  administer  municipal  funds,  which,  with  the  con- 
sent of  the  Governor  and  Legislature,  might  be  raised  by  taxa- 
tion; establish  arid  supervise  primary  schools;  and  take  the  census 
every  six  months — these  were  some  of  the  more  important  duties 
of  the  ayuntamiento. 

Austin  was  at  Saltillo  in  the  fall  of  1827  and  took  occasion  to 
urge  the  establishment  of  constitutional  government  in  his  col- 
ony.79 In  response  to  his  request  the  Governor,  on  November  17, 
instructed  the  political  chief  to  order  an  election  for  an  ayunta- 
miento with  jurisdiction  from  the  Lavaca  to  the  watershed  be- 
tween the  Trinit}7  and  the  San  Jacinto  and  from  the  sea  to  the 
San  Antonio  Road.  Austin  would  preside  over  the  electoral  as- 
sembly and  install  and  administer  the  oath  to  the  newly  elected 
officers,  and  all  cases  pending  in  the  present  alcalde  courts  would 
pass  to  the  constitutional  alcalde.80  On  December  11  the  politi- 
cal chief  transmitted  the  order  to  Austin,  amd  he  called  the  elec- 
tion for  February  3-4,  1828.  Austin  realized  the  importance  of 
choosing  competent  men  who  would  take  their  duties  seriously, 

79 Austin  to  the  State  Congress,  October  11,  1827.  Austin  Papers,  mis- 
cellaneous. 

"Austin  to  J.  H.  Bell,  January  1,  1828.  Austin  Papers.  Austin  sug- 
gested Ira  Ingram  for  Alcalde,  Bell  and  William  Morton  for  regidores, 
and  L.  R.  Kenney  for  sindico  procurator.  Thomas  M.  Duke,  M.  B.  Nuck- 
ola,  and  Rawson  Alley,  were  being  mentioned  for  places,  he  said. 


The  Government  of  Austin's  Colony,  1821-1831          245 

and  it  is  evident  that  he  did  some  electioneering.81  One  may  sus- 
pect in  this  a  reluctance  to  retire  from  the  helm,  but  on  the  con- 
trary he  was  probably  more  interested  in  electing  men  to  whom 
he  could  safely  surrender  his  position  as  buffer  between  the  colon- 
ists and  the  government. 

While  the  election  presented  to  the  experience  of  the  colonists 
little  that  was  new  in  methods,  nevertheless,  as  the  first  constitu- 
tional election  in  Anglo-American  Texas,  it  demands  a  somewhat 
detailed  description.  Polls  were  opened  in  the  old  alcalde  dis- 
tricts under  the  presidency  of  the  respective  alcaldes,  and  the 
voters  elected  a  secretary  and  two  tellers  who  could  read  and 
write.  A  candidate  must  be  twenty-five  years  old,  if  single,  twen- 
ty-one, if  married;  must  have  resided  three  years  in  the  munici- 
pality, one  year  immediately  preceding  the  election;  must  be  able 
to  read  and  write;  and  have  a  capital  or  trade  sufficient  for  his 
subsistence.  Qualifications  for  the  franchise  are  not  stated,  but 
were  probably  the  same.  Voters  called  the  names  of  their  candi- 
dates aloud  and  they  were  recorded  by  the  secretary;  if  they  pre- 
sented a  written  list,  the  names  were  read  aloud  by  the  secretary. 
All  voted  for  an  alcalde  and  two  regidores,  and,  if  the  district 
contained  five  hundred  inhabitants,  a  comisario  and  a  sindico  pro- 
curador.  Separate  tallies  were  kept  for  each  office  and  sent  at  the 
close  of  the  election  to  Austin,  who  in  this  first  election  had  the 
position  which  thereafter  belonged  to  the  alcalde  of  the  munici- 
pality. A  week  later  the  officers  of  the  district  elections  met  at 
San  Felipe,  canvassed  the  votes,  and  announced  the  successful  can- 
didates, sending  a  certified  copy  of  the  vote  to  the  political  chief, 
posting  another  in  a  public  place,  and  filing  the  original  lists  in 
the  local  archive.82 

The  duties  of  the  alcalde  fell  into  three  general  classes:  (1) 
He  presided  over  the  ayuntamiento  and  was  its  executive  officer; 
(2)  he  was  a  primary  judge,  or  judge  of  first  instance,  having 
sole  jurisdiction  in  cases  under  $10,  final  jurisdiction  acting  with 
a  representative  of  each  of  the  parties  to  the  suit  in  cases  between 


82For  the  procedure  here  described  it  is  necessary  to  read  the  Consti- 
tution, Arts.  51,  53,  54,  160,  in  Gammel,  Laws  of  Texas,  I,  429,  446; 
Decree  No.  23,  in  Ibid.,  191-192;  Decree  No.  37,  Arts.  97-108,  in  the 
Texas  Gazette  as  cited  in  note  77  above;  Governoir  to  political  chief. 
November  17,  1827,  as  in  note  80;  and  the  proceedings  of  the  first  ses- 
sion of  the  ayuntamiento  of  San  Felipe  de  Austin  (see  below,  p.  299ff). 


246  The  Southwestern  Historical  Quarterly 

$10  and  $100,  and  preliminary,  examining  jurisdiction  in  all 
other  cases;83  (3)  and  he  was  the  medium  of  correspondence  and 
administration  between  the  colony  on  one  side  and  the  superior 
department  and  State  authorities  on  the  other,  transmitting  re- 
ports and  memorials  from  the  former  and  promulgating  and  pit- 
ting into  effect  the  orders  and  instructions  of  the  latter.  The 
natural  comparison  that  comes  to  mind  is  that  of  a  mayor  who 
has  not  given  up  his  judicial  functions  to  police  judges,  but  the 
alcalde's  part  in  the  State  administration  was  much  more  direct 
than  that  of  our  mayors.  The  duties  of  the  regidores  and  of  the 
sindico  procurador  are  nowhere  clearly  denned,  the  various  Span- 
ish and  Mexican  laws  concerning  the  ayuntamiento  assuming  ap- 
parently that  their  functions  were  too  well  known  to  require  state- 
ment. In  general  the  regidores  may  be  compared  with  our  alder- 
men or  city  commissioners.  They  served  on  committees  and 
looked  after  various  departments  of  municipal  administration,  and 
in  the  absence  of  the  alcalde  the  first  regidor  (ranked  according 
to  the  number  of  votes  received  at  election)  acted  in  his  place. 
The  sindico  was  described  by  the  ayuntamiento  itself  as  "the  pro- 
curator (personero)  of  all  the  civil  affairs  of  the  municipality,"8* 
but  this  hardly  enables  one  to  visualize  his  functions.  The  best 
that  can  be  made  of  the  office  is  that  it  called  for  a  sort  of  com- 
bination of  the  duties  of  a  notary  and  city  attorney.  In  addition 
to  the  elected  officers  there  was  a  sheriff  (alguacil),  appointed  by 
the  alcalde,  and  a  secretary  elected  by  the  ayuntamiento.  The 
fact  that  all  official  correspondence  and  records,  including  the 
minutes  of  the  ayuntamiento,  must  be  in  Spanish,  which  few  of 
the  colonists  understood,  made  the  secretary's  office  an  important 
and  burdensome  one.85 

As  we  have  seen,  districts  or  precincts  with  500  inhabitants 
elected  a  comisario  and  a  sindico.  Their  term  of  office  was  one 
year,  and  while  they  might  be  re-elected,  they  could  not  be  com- 


No.  39,  "for  the  admininstration  of  justice  in  the  State  of 
Coahuila  and  Texas,"  June  22,  1827.  Printed  copy  in  the  Bexar  Archives. 
The  law  is  omitted  in  Gammel. 

""Municipal  Ordinance  for  the  Government  and  Regulation  of  the 
Ayuntamiento  of  Austin,"  enacted  as  Decree  No.  100  by  the  Legislature. 
Texas  Gazette,  October  31,  1829.  Chapter  VII  of  Decree  No.  37  is  en- 
titled, "Of  the  comisarios  de  policia  and  sindicos,"  but  it  describes  only 
the  duties  of  the  comisarios. 

Klbid.,   Chapter   VI. 


The  Government  of  Austin's  Colony,  1821-1831          247 

pelled  to  serve  more  than  one  year  in  three.  They  were  subject 
to  the  ayuntamiento,  and  might  attend  its  sessions  voluntarily  or 
on  summons,  having  a  voice  but  no  vote  in  its  deliberations.  The 
duties  of  the  comimrio  were  to  take  the  census  of  his  precinct, 
keep  a  record  of  the  families  moving  into  it  and  of  the  places 
from  which  they  came,  assist  tax  collectors,  execute  the  orders  of 
his  superiors,  arrest  disturbers  of  the  peace  and  preserve  public 
tranquillity,  and  report  "idle  and  vicious  persons"  to  the  alcalde.86 
In  addition,  he  was  invested  with  minor  judicial  authority  similar 
to  that  of  the  alcalde  or  of  a  justice  of  the  peace.37  The  duties 
of  precinct  sindico  are  described  merely  as  being  the  same  in  his 
sphere  as  those  of  the  sindico  of  the  ayuntamiento.88 

We  are  fortunate  in  having  the  minutes  of  the  ayuntamiento 
of  San  Felipe  for  the  first  four  years  of  its  existence — from  Feb- 
ruary 12,  1828,  to  January  3,  183289— and  in  being  able  to  see 
therein  the  Anglo-American  adapting  himself  to  Spanish  local  in- 
stitutions. The  first  returns  showed  Thomas  M.  Duke  elected 
alcalde  over  Austin's  candidate,  Ira  Ingram,  by  a  vote  of  121  to 
111.  Thomas  Davis  and  Humphrey  Jackson  were  elected  regi- 
dores  and  Rawson  Alley  sindico.  Austin  had  called  attention  to 
the  necessity  of  frequent  meetings,  and  urged  the  choice  of  mem- 
bers within  convenient  distance  of  San  Felipe,90  but  Duke  lived  ten 
and  Jackson  thirty  leagues  from  the  capital.91  The  result  could 
be  easily  foreseen.  After  regular  meetings  for  less  than  two 
months  the  ayuntamiento  adjourned  to  meet  no  more,  if  we  are 
to  judge  from  the  absence  of  minutes,  until  time  to  canvass  the 
next  election  returns  in  December.  It  performed  but  two  acts  of 
any  consequence.  One  was  to  frame  a  municipal  ordinance  de- 
fining its  own  duties,  functions,  and  rules  of  order,  and  outlin- 
ing a  plan  of  taxation  for  local  needs ;  and  the  other  was  the  adop- 
tion of  a  memorial  to  the  Legislature  to  legalize  labor  contracts 
with  servants  whom  the  Constitution  forbade  immigrants  to  bring 

'"Decree  No.  37,  Chapter  VII,  as  cited  in  note  77,  above. 
"Decree  No.  23,  in  Gammel,  Laws  of  Texas,  I,  192. 
""Decree   No.   37,  Art.    158. 

"Beginning  publication  in  this  issue  of  THE  QUABTEKLY,  p.  299. 
^Austin  to  Bell,  January  1,  1828.     Austin  Papers. 
^Minutes  of  the  ayuntamiento,  (March   14,    1828. 


248  The  Southwestern  Historical  Quarterly 

to  the  country  as  slaves.92  The  first  was  required  by  law,  and 
was  submitted  to  the  Legislature  and  approved  as  a  sort  of  city 
charter.93  To  meet  municipal  expenses  and  build  a  jail  and  town 
hall  it  levied  specific  property  taxes  on  land,  live  stock,  and 
slaves — ranging  from  $4.50  on  a  league  of  land  to  two  cents  a 
head  on  hogs, — and  occupation  taxes  on  lawyers,  merchants,  and 
keepers  of  "tipling  shops."94  The  occupation  taxes  or  licenses 
were  from  two  to  three  times  as  high  for  foreigners  as  for  citizens. 
Having  assessed  the  taxes,  the  ayuntamiento  endeared  itself  to 
the  people  by  taking  no  steps  to  collect  them.  "In  fact,"  said 
Austin  speaking  of  this  body,  "they  did  nothing  on  any  subject 
that  they  ought  to  have  attended  to."  The  members  were  sub- 
ject to  fine  for  neglect  of  duty,  and  only  Austin's  intervention 
prevented  the  political  chief  from  imposing  it.  "I  hajve  actually 
exhausted  all  the  stock  of  reasonable  excuses  that  I  could  devise," 
said  Austin,  "and  have  drawn  so  largely  upon  shadows  and  friv- 
olous apologies  that  I  am  ashamed  to  interfere  any  more."95 
Nevertheless,  when  the  next  ayuntamiento  showed  a  disposition 
to  take  its  duties  seriously,  a  storm  of  protest  arose  from  the  peo- 
ple: The  colonization  law  specifically  exempted  them  from  tax- 
ation and  the  ayuntamiento  therefore  had  no  legal  right  to  levy 
a  tax;  the  order  requiring  them  to  register  births  and  deaths  in 
their  families  was  an  imposition ;  the  enforcement  of  the  vagrancy 
laws  was  tyranny;  the  plan  to  build  a  courthouse  "for  the  lawyers 
to  strut  in"  was  inexcusable  extravagance.  As  always  it  fell  to 
Austin  to  quiet  the  rising  storm  with  arguments  compounded  of 
homely  wisdom,  cajolery,  and  persuasion,  in  the  use  of  which  he 
was  a  master.  Austin  himself  was  urged  to  become  alcalde  but 
declined.  He  no  longer  had  the  patience  that  the  ofBce  required, 
he  said;  and  moreover  he  had  "other  things  to  attend  to  of  much 
more  importance  to  the  colony  than  settling  little  neighborhood 
disputes  about  cows  and  calves."* 

KJbid.,  March  14,  April  5,  1828. 

'"Decree  No.  100,  in  the  Texas  Gazette,  October  31,  1829;  omitted  from 
official  publication  of  the  laws.  See  pp.  311-324. 

wThe  list  of  taxables  mentioned  in  the  law  differs  somewhat  from  that 
recorded  in  the  minutes  of  March  14,  1828. 

95 Austin  to  Bell,  March  17,   1829.     Austin  Papers. 

*  Austin  to  Bell,  April   16,   1830.     Austin  Papers. 


The  Government  of  Austin's  Colony,  1821-1831          249 

A  study  of  the  minutes  for  the  next  three  years  shows  the 
ayuntamiento  performing  the  various  functions  of  a  modern  city 
and  county  commission :  laying  off  roads  and  supervising  their  con- 
struction: regulating  ferries  and  ferriage  rates;  creating  boards 
of  health,  boards  of  medical  examiners,  and  quarantine  boards; 
regulating  weights  and  measures;  repairing  churches  and  public 
buildings :  directing  militia  organization ;  holding  special  elections 
and  settling  election  disputes;  serving  generally  as  conservator  of 
public  morals,  first  warning  and  then  punishing  vagrants  and 
drunkards,  enforcing  the  laws  against  gambling  and  other  forms 
of  vice,  and  closing  "tipling  shops"  at  ten  o'clock.  It  assisted 
Austin  in  keeping  the  colony  free  of  undesirables,  advising  when 
to  grant  and  when  to  withhold  titles  to  land;  and  relieved  him  of 
no  little  responsibility  in  deciding  when  titles  should  be  forfeited 
for  non-fulfilment  of  the  conditions  of  the  grant.  Finally,  it 
strove  earnestly,  but  without  success,  to  raise  funds  for  the  estab- 
lishment of  an  academy  at  San  Felipe.  The  problem  of  getting 
revenue  for  indispensable  expenses  remained  always  a  most  diffi- 
cult one  and  the  collections  left  no  surplus  for  permanent  im- 
provements. The  courthouse  and  jail  projected  by  the  first  ayun- 
tamiento were  still  unbuilt  in  1832.  This  made  the  safeguard- 
ing of  prisoners  awaiting  trial  an  expensive  and  embarrassing 
task,  and  helped  to  emphasize  the  defects  in  the  judicial  system. 
Another  difficulty  was  that  of  keeping  a  competent  secretary  ac- 
quainted with  Spanish.  Samuel  M.  Williams  served  during  most 
of  the  period  under  examination,  but  it  was  a,  sacrifice  which  he 
could  ill  afford  to  make',  and  whenever  possible  he  withdrew  from 
the  office.  During  such  intermissions  Austin  could  sometimes  be 
induced  to  serve ;  and  on  one  occasion  the  ayuntamiento  employed, 
to  its  subsequent  regret,  the  Federal  customs  collector,  George 
Fisher.96  Throughout  there  is  evidence  of  the  closest-  harmony 
and  co-operation  between  Austin  and  the  ayuntamiento ;  he  was 
always  consulted  on  any  matter  of  State  or  Federal  relations. 

Of  the  division  of  labor  between  the  different  members  of  the 
ayuntamiento  the  minutes  give  us  no  information.  The  principal 
employment  of  the  alcalde  was  judicial,  but  his  court  records  are 
not  preserved.  The  general  judicial  system  is  clear,  however, 

^Minutes,  October  5,  16,  18,  1830. 


250  The  Southwestern  Historical  Quarterly 

from  a  study  of  the  Constitution  and  of  Decree  No.  39,  approved 
June  21,  1827.  These  show,  as  we  have  already  seen,  that  the 
alcalde  had  sole  and  final  jurisdiction  in  petty  cases  both  civil  and 
criminal.  This  jurisdiction  was  purely  local,  and,  in  a  way,  was 
outside  the  general  system.  In  more  important  cases  the  alcalde 
was  the  court  of  first  instance,  conducting  the  examining  trial  and 
sending  the  record  to  the  asesor  general,  or  State's  attorney,  at 
Saltillo  for  advice  as  to  the  verdict  that  he  should  render.  Hav- 
ing received  the  asesor's  dictamen,  or  opinion,  he  must  give  judg- 
ment within  eight  days.  He  was  not  compelled  to  follow  the  dic- 
tamen  exactly,  but,  since  the  asesor  was  a  competent  lawyer,  he 
varied  from  it  at  some  risk.  An  appeal  could  be,  and  in  cases 
involving  corporal  punishment  must  be,  taken  from  the  court  of 
first  instance  to  the  first  chamber  of  the  Supreme  Court,  which 
sat  at  Saltillo.  The  Supreme  Court  was  composed  of  three  judges, 
or  ministros,  and  was  divided  into  three  chambers1,  one  judge  pre- 
siding over  each  chamber,  and  associating  with  himself  in  the 
hearings  two  colleagues,  chosen  one  each  by  the  parties  to  the 
suit.  The  second  chamber  heard  appeals  from  the  first,  but  the 
third  was  not  a  trial  court  at  all.  It  ruled  on  questions  of  juris- 
diction arising  in  the  lower  courts,  determined  "appeals  of  null- 
ity"— motions  to  quash  or  set  aside  verdicts  of  the  lower  courts, — 
had  some  part,  not  clearly  defined,  in  appeals  from  ecclesiastical 
courts,  and  had  certain  semi-clerical  functions.07 

The  opportunities  for  delay  in  such  a  system  were  very  great, 
and  its  inconvenience  to  the  T'exans  was  enormous.  Thus  in  any 
case  of  corporal  punishment  there  was  first  an  examining  trial  be- 
fore the  alcalde,  the  evidence  was  then  forwarded  to  the  asesor 
general  at  Saltillo,  some  500  miles  away,  his  dictamen  was  re- 
turned to  the  alcalde  and  judgment  pronounced,  but  before  it 
could  be  executed  the  judgment  and  all  the  documents  in  the  case 
must  make  another  trip  to  Saltillo  to  receive  the  approval  of  the 
Supreme  Court.  With  the  least  possible  delay  four  months  were 
consumed  in  this  procedure,  and  the  normal  time  was  from  six 
to  eight  months.98  In  the  meantime  the  prisoner  was  supposed  to 
be  in  jail  or  employed  on  the  public  roa.ds.  If,  as  at  San  Felipe, 

"Constitution  of  Coahuila  and  Texas,   Title  III,   in  Gammel.   Laws   of 
Texas,  I,  447-450;  Decree  No.  39    (June  21,  1827),  in  Bexar  Archives. 
"Editorial  in  the  Texas  Gazette.  August  29,  1830. 


The  Government  of  Austin's  Colony,  1821-1831          251 

there  was  no  jail,  his  safekeeping"  was  both  expensive  and  em- 
barrassing.90 

The  Constitution100  authorized  the  Legislature  to  establish  as- 
soon  as  possible  a,  system  providing  for  trained  judges  (jueces  d& 
letras)  in  the  primary  courts  and  trial  by  jury,  and  time  after 
time  the  colonists  petitioned  for  them,101  but  it  was  not  until 
1834  that  the  Legislature  acted.  Then  it  enacted102  a  plan  for 
district  and  superior  courts  similar  to  that  suggested  by  Austin 
to  Bastrop  in  1826,  but  before  it  went  fully  into  operation  the 
revolution  brought  more  sweeping  changes. 

It  remains  only  to  speak  of  the  election  of  State  officers.  These 
were  chosen  by  indirect  vote,  the  citizens  of  each  municipality 
electing  electors  in  August  who  met  at  the  capital  of  the  depart- 
ment in  September  and  voted  for  governor,  vice-governor,  the  ex- 
ecutive council,  and  members  of  the  Federal  Congress  and  the 
Legislature.  In  Texas,  where  until  1832  there  was  only  one  de- 
partment, the  vote  of  this  body  was  final  in  the  election  of  mem- 
bers of  the  Legislature,  but  for  the  other  offices  the  departmental 
votes  had  to  be  canvassed  by  the  Legislature  to  determine  the  re- 
sult. In  case  of  a  tie,  or  no  majority,  for  the  office  of  governor 
the  Legislature  elected  from  the  "two  or  more  .  .  .  having 
the  highest  number  of  votes/'103  This  language  lacks  something 
of  clearness,  but  fortunately  it  is  not  essential  to  the  object  of 
this  paper  to  resolve  the  ambiguity.  Before  taking  their  seats  it 
was  customary  for  the  newly  elected  members  of  the  Legislature  to 
ask  and  receive  formal  instructions  concerning  legislation  which 
their  constituents  desired.104 

Until  1832,  when  the  ayuntamiento  of  Brazoria  was  created,  all 
the  Anglo-American  portion  of  Texas,  except  that  between  the 
Sabine  and  the  San  Jacinto,  was  subject  to  the  jurisdiction  first 

"See.  for  example,  Austin  to  Musquiz,  November  30,  1830.  Austin 
Papers,  miscellaneous  (Blotter  in  June  file). 

100Arts.   92   and  93. 

101For  example,  minutes  of  the  ayuntamiento,  November  30,  1830;  reso- 
lutions of  a  convention  at  San  Felipe,  June  12,  1832  (Translations  from 
Bexar  Archives,  Texas  State  Library). 

103Decree  No.  277,  April  24,  1834,  Gammel,  Laws  of  Texas,  I,  364-384. 

"Constitution,   Art.    134. 

104See,  for  example,  requests  for  such  instructions  in  Sambrano  to  Aus- 
tin, May  10,  1824,  Austin  Papers;  and  Austin  to  ayuntamiento  of  Nacog- 
doches,  September  18,  1830,  Nacogdoches  Archives  (Texas  State  Library). 


252  The  Southwestern  Historical  Quarterly 

of  Austin  and  then  of  the  ayuntamiento  of  San  Felipe.  The  ma- 
chinery of  local  government  in  frontier  societies  is  likely  under 
the  most  favorable  conditions  to  work  jerkily,  with  much  grum- 
bling and  protesting,  reflecting  the  characteristics  of  the  com- 
munity. The  normal  "North  American  frontier  republican"  is 
impatient  of  the  restraints  and  formalities  of  law;  and  here  the 
natural  difficulties  of  local  administration  were  aggravated  by  the 
obstacle  of  language  and  the  colonist's  inability  to  inform  him- 
self of  tiie  laws.  It,  nevertheless,  seems  plain  from  the  documents 
that  actual  government  in  Austin's  colony  conformed  with  note- 
worthy fidelity  to  the  Constitution  and  the  laws.  Perhaps  this 
was  due  in  part  to  the  fact  that  in  its  essentials  the  System  did 
not  differ  greatly  from  that  with  which  the  colonists  were  already 
familiar,  but  it  was  also  due  in  no  small  measure  to  Austin's  pow- 
erful influence  and  unremitting  oversight.  "Upon  the  whole," 
wrote  a  recent  settler  from  Missouri  in  1832,  "I  beleave  we  get 
along  full  as  well  as  the  inhabitants  of  territories  in  the  United 
States,  beleave  the  laws  here  are  as  well  administered  as  they  are 
in  Arkansas  and  perhaps  better,  and  equally  as  well  as  they  were 
when  I  first  went  to  Missouri."105 

105J.  F.  Perry  to  Grady,  July  12,  1832.     Austin  Papers. 


The  Residencies  in  the  Spanish  Colonies  253 

THE  RESIDENCIA  IN  THE  SPANISH  COLONIES 

CHARLES    H.  {CUNNINGHAM 

The  residencia  was  a,  judicial  examination  held,  or  an  account 
given  of  the  official  acts,  of  an  executive  or  judicial  functionary 
during  the  term  of  his  incumbency.  It  was  a  trial  held  at  the 
expiration  of  the  term  of  office  of  the  person  concerned,,  or,  in 
case  of  malfeasance,,  at  any  time.1  It  was  utilized  by  the  Span- 
iards through  three  hundred  years  of  their  rule  in  every  province 
and  colony  in  America.  It  was  the  means  by  which  Columbus 
was  deprived  of  power  and  sent  home  in  disgrace  on  his  third 
voyage,  it  was  reserved  for  the  conquerors  of  Mexico  and  Peru, 
and  for  every  other  official  of  consequence  who  followed  them.  It 
was  notable  not  only  for  its  universality,  but  for  its  ineffective- 
ness,  and  for  the  persistence  with  which  the  institution  was  re- 
tained, when  repeatedly  shown  and  universally  known  to  be  in- 
effective. 

The  principle  underlying  the  residencia  was  bequeathed  to  the 
Spaniards  by  the  Romans,  being  similar  to,  and  perhaps  derived 
from,  their  law  which  gave  the  right  of  accusation  to  any  Roman 
citizen  against  an  office-holder.  It  combined  the  features  of  a 
general  survey  of  the  official  career  of  the  individual  under  inves- 
tigation, an  auditing"  of  his  financial  operations,  if  he  handled  gov- 
ernment funds,  and  a  general  trial.  Its.  purpose  was  to  ascertain 

aSpecial  emphasis  should  be  placed  upon  the  last  clause  of  the  above 
definition.  The  periodical  residencia  wa^  not  the  sole  means  for  the  re- 
moval of  officials  in  the  Spanish  colonies.  The  conclusion  seems  to  have 
been  reached  by  many  historians  that  officials-  were  permitted  to  conduct 
themselves  carelessly,  running  their  offices  to  suit  their  own  personal  con- 
venience from  the  date  of  their  appointment,  in  the  assurance  that  their 
tenure  was  sure  until  the  termination  of  a  specified  term,  and  that  the 
periodical  residencia  was  the  only  occasion  on  which  they  might  be  held 
to  answer  for  their  sins.  Only  the  most  scant  attention  has  been  given 
by  modern  writers  to  the  residencia.  Helps,  in  the  most  unsatisfying 
and  uncertain  of  his  chapters  on  Spanish  colonial  institutions,  traces  the 
residencia  from  the  Theodosian  Code  and  the  Fuero  Juzgo.  (Helps,  The 
Spanish  Conquest  in  America,  III,  148-158.)  He  is  more  than  usually 
conjectural  and  theoretical  in  his  treatment  of  the  subject.  See  also  the 
brief  (references  in  Bancroft,  History  of  Central  America,  I,  250-251,  Van- 
der  Linden,  Histoire,  349,  Moses,  Establishment  of  Spanish  Rule  in  Amer- 
ica, 172,  and  Priestley,  Jose  de  Gdlvez,  96-99.  The  latter  author  contrasts 
the  residencia,  pesquisa  and  the  visitation. 


254:  The  Southwestern  Historical  Quarterly 

whether  he  had  executed  his  duties  faithfully,  and  it  served  to 
clear  him  if  he  were  proved  honest,  giving  him  a  clean  certificate 
of  recommendation.  It  proceeded  on  the  principle  that  he  was 
guilty  until  proved  honest.  If  he  were  shown  to  be  guilty  of 
breach  of  trust,  official  misconduct  or  dishonesty,  he  was  appre- 
hended, degraded  and  punished,  supposedly  according  to  his 
deserts.2 

It  is  the  purpose  of  this  paper  to  illustrate  the  general  features 
of  the  residencia  in  the  Spanish  colonies  by  concrete  cases  drawn 
from  the  history  of  the  Philippines.  An  exhaustive  review  of  the 
subject,  illustrating  or  discussing  residencias  in  all  the  colonies 
of  the  Spanish  empire,  would  be  quite  beside  the  point.  It  is 
assumed  that  conditions  in  the  Philippines  were  sufficiently  char- 
acteristic of  all  the  colonies  of  the  Spanish  colonial  empire  to 
make  this  study  of  general  illustrative  value.  The  same  laws 
were  applied  there  and  the  same  practices  followed  there  as  else- 
where. The  laws  of  the  Indies  were  equally  in  force  there,  and 
appeals  from  the  Philippines  were  entertained  in  the  Council  oi 
the  Indies  as  from  all  other  colonies. 

It  is  important  to  note  not  only  that  a,n  investigation  was  con- 
ducted at  the  close  of  the  official  term,  but  that  one  might  be 
held  at  any  time  during  the  period  of  service.  The  term  pesquisa 
was  applied  to  that  form  of  investigation  which  was  carried  on 
by  a  special  investigator  or  pesquisidor,  who  was  sent  when  seri- 
ous charges  were  made  against  the  conduct  of  an  official,  and  be- 
fore his  term  had  expired.  The  distinguishing  feature  of  the 
pesquisa,  as  prescribed  by  the  laws,  was  secrecy,  but  as  an  actual 
fact  f&w  if  any  were  carried  out  secretly.  On  receipt  of  charges 

2Bourne,  in  his  Historical  Introduction  (Blair  and  Robertson,  I,  51-52), 
characterizes  the  residencia  as  follows:  "It  was  an  institution  peculiar 
in  modern  times  to  the  Spanish  colonial  system.  It  was  designed  to  pro- 
vide a  method  by  which  officials  could  be  held  to  strict  accountability 
for  all  acts  during  their  terms  of  office.  ...  To  allow  a  contest  in 
the  court  involving  the  Governor's  powers  during  his  term  of  office  would 
be  subversive  of  his  authority.  'He  was  then  to  be  kept  in  bounds  by 
realizing  that  a  day  of  judgment  was  impending,  when  every  one,  even 
the  poorest  Indian,  might  in  perfect  security  bring  forward  his  accusa- 
tion. In  the  Philippines  the  residencia  for  a  Governor  lasted  six  months 
and  was  conducted  by  his  successor,  and  all  the  charges  made  were  for- 
warded to  Spain.  .  .  .  The  Italian  traveler  Geinelli  Oareri,  who 
visited  Manila  in  1696,  characterizes  the  Governor's  residencia  as  a 
'dreadful  trial/  the  strain  of  which  would  sometimes  'break  their  hearts.' " 


The  Residencia  in  the  Spanish  Colonies  255 

or  other  evidence  of  the  criminal  proceedings  of  an  official,  a  pes- 
quisidor  would  be  dispatched  by  the  Council  of  the  Indies  or  by 
the  local  audiencia,  according  to  the  rank  and  position  of  the 
offender.     Obviously  the  arrival  of  a  magistrate  in  a  colonial  or 
provincial  capital  could  not  be  kept  a  secret,  and  frequently  ad- 
vance information  of  his  coming  was  sent  ahead.     After  a  pre- 
liminary investigation  by  the   visiting  magistrate,  the  offending 
official  might  be  suspended  from  office,  preparatory  to  his  formal 
trial,  or,  if  sufficient  evidence  were  not  forthcoming,  the  investi- 
gator would  return  whence  he  came  to  make  a  report,  favorable 
or  unfavorable,  as  the  case  might  be.     Usually,  if  nothing  more 
than  this  were  done,  the  matter  was  dropped,  and  the  official  un- 
der investigation  was  allowed  to  continue  in  office.     If  he  were 
suspended  from  office,  he  would  remain  under  arrest,  or,  as  Helps 
suggests    (III,    146),   practically   under   impeachment.      Eegular 
residencia,  proceedings  would  then  be  instituted,  and  as  a  result 
the  defendant  might  be  cleared,  or  he  might  be  fined  only,  or,  if 
criminal  offenses  were  proved,  he  might  be  removed  from  office 
and    penalties   imposed    in    accordance   with   the   criminal    code. 
Appeals  might  be  made  from  the  judge  of  residencia  (either  the 
pesquisidor  or  another  judge  not  connected  with  the  preliminary 
investigation,  but  usually  the  former)  to  the  audiencia  of  the  dis- 
trict or  to  the  Council  of  the  Indies.     In  fact,  original  judgment 
was  always  reviewed  in  the   audiencia,  unless  the  investigating 
judge  were  especially  commissioned  by  a  higher  authority, — for 
instance,  the  Council  of  the  Indies. 

The  faculty  of  determining  whether  or  not  cases  merited  in- 
vestigation belonged  to  the  acuerdo  of  the  audiencia  and  governor 
(or  viceroy  in  Mexico  or  Peru),  while  the  designation  of  the  judge 
was  the  function  of  the  executive.3  The  judges  sent  on  these 
missions  of  residencia  were  not  at  first  authorized  to  render  defini- 
tive sentences,  but  that  power  was  conferred  upon  them  by  the 

sRecopilaci6n  de  Leyes  de  Indias,  5-5-21  (Book  5,  Title  5,  Law  21). 
The  acuerdo  was  a  meeting  or  conference  between  the  governor,  viceroy, 
or  captain-general  and  the  audiencia.  The  determination  or  decision  of 
this  meeting  was  also  termed  an  acuerdo.  It  transpired  that  the  acuerdo 
came  to  be  of  great  importance  and  frequently  the  audiencia  went  so  far 
as  actually  to  legislate  in  these  meetings,  sometimes  with  the  consent  of 
the  executive,  sometimes  without  it  and  against  his  judgment. 


256  The  Southwestern  Historical  Quarterly 

law  of  1576.4  Appeals  might  be  made  to  the  audiencia  in  case 
the  fine  exceeded  two  hundred  ducats.  If  it  involved  the  death 
penalty,  permanent  deprivation  of  office,  or  a  monetary  consider- 
ation exceeding  two  thousand  pesos,  a  case  could,  prior  to  1799, 
be  appealed  to  the  Council  of  the  Indies.  After  that  time  only 
the  residencias  of  governors,  viceroys,  oidores  and  superintendents 
could  be  tried  in  the  Council,  and  they  were  resolved  there  in  first 
instance.5 

A  typical  instance  of  the  sort  of  investigation  referred  to  above 
may  be  noted  in  the  case  of  Antonio  Pimentel,  governor  of  the 
Mariana  Islands,  whose  residencia  was  taken  in  the  decade  fol- 
lowing 1711.  There  may  be  noted  in  this  case,  especially,  the 
distinction  between  the  formal  residencia,  conducted  at  the  close 
of  the  regular  term  of  office,  and  an  investigation  of  charges 
brought  during  the  incumbency  of  an  official.  This  case  illus- 
strates  both  forms  of  investigation,  for  it  originated  in  a  charge 
of  treason  against  Pimentel,  who,  it  is  said,  had  furnished  food 
and  water  to  the  crews  of  two  English  vessels,  enemies  of  Spain, 
and  these  same  ships  had  afterwards  captured  the  galleon  Nuestra 
Senora  de  la  Encarnacion,  en  route  from  Manila  to  Acapulco. 
The  conduct  of  the  case  was  given  to  Magistrate  Torralba,  of  the 
Manila  audiencia.  Notwithstanding  his  plea  of  ignorance  that  a 
state  of  war  existed  between  Spain  and  England,  Pimentel  was 
sentenced  to  the  forfeiture  of  the  bonds  which  he  had  posted  on 
assuming  office,  and,  in  addition,  was  deprived  of  his  post  as 
governor.  This  sentence  was  rendered  July  24,  1714.6  The 
tribunal  sentenced  Pimental  to  prison,,  and  ordered  that  his 
residencia  be  taken;  accordingly,  an  examination  was  made  of  all 
his  official  acts  in  the  office  which  he  had  held.  Pimentel,  there- 
fore, not  only  had  to  stand  investigation  for  the  particular  offense 
which  had  brought  about  his  removal,  but  he  was  also  subjected 
to  residencia  over  his  entire  career  as  governor.  It  may  be  noted 
that  the  two  forms  of  investigation  were  separate  and  distinct  on 
this  occasion. 

Owing  to  the  death  of  Governor  Lizarraga,  the  imprisonment 

'Ibid.,  7-1-14. 
'Ibid.,  5-12-31. 

*Eoopedi,ente8  relatives  d  la  residencia  de  Don  Antonio  Pimentel,  gover- 
nador  de  las  Marianas,  Archivo  de  Indias,  68-4-17  and  18. 


The  Eesidenda  in  the  Spanish  Colonies  257 

of  Oidor  Villa,  and  the  state  of  anarchy  surrounding  the  admin- 
istration of  Oidor  Torralba  as  temporary  governor,  Pimentel  was 
forced  to  languish  in  prison  several  years  while  he  awaited  the 
formal  residencia.  Luis  de  Tagle  was  appointed  as  his  successor, 
and  judge  of  residencia  on  June  25,  171?1.7  A  letter  of  the  audi 
encia,  dated  August  9,  1718,  advised  the  governor  that  there  were 
four  hundred  and  twenty-seven  unfinished  cases  on  the  docket  of 
the  tribunal,  and  chief  among  those  which  ought  to  be  finished 
without  delay  was  the  review  of  the  residencia  of  Pimental.  It 
was  added  that  there  seemed  to  be  no  prospect  that  a  boat  could 
get  to  Guam  before  1719.  The  record  of  the  termination  of  this 
suit  probably  reposes  somewhere  in  the  archives  of  Spain,  tied 
in  an  aged,  yellow  packet,  bound  by  red  tape. 

Practically  all  of  the  colonial  officials  were  subject  to  residencia. 
The  most  sensational  and  widely  known  were  those  of  the  vice- 
roys and  captains-general,  but  oidores,  treasury  officials  encomen- 
deros,  alcaldes  mayores  and  corregidores*  admirals,  generals,  cap- 
tains and  constructors  of  galleons  were  likewise  examined  in  this 
way.9  Clerks,  notaries,  secretaries,  alcaldes  ordinarios™  regidores 
and  other  officials  of  a  minor  category  were  investigated  at  the 
same  time  when  a  governor  or  viceroy  was  examined.  The  resi- 
dencia of  these  dependents  seems  to  have  become  more  and  more 
perfunctory  as  time  passed  and  there  was  a  tendency  during  the 
latter  part  of  the  eighteenth  century  to  continue  them  in  office, 
even  without  investigation.  When,  for  example,  Governors  Basco 

'This  occasion  was  one  on  which  the  successor  of  a  governor  actually 
took  his  predecessor's  residencia,  owing,  the  commission  said,  to  the  dis- 
tance and  the  irregularity  of  communication  between  Manila  and  Guam. 

sRecopilaci6n,  2-31-1.  Encomenderos  were  persons  holding  lands  and 
Indians,  for  a  limited  time,  either  as  a  reward  of  merit  or  as  a  business 
proposition,  farming  the  lands  or  utilizing  the  mines  on  them,  usually 
paying  a  stipulated  revenue  or  rent  to  the  government.  See  Montero  Y 
Vidal,  Historia  de  Filipinas,  I,  42-43:  Pardo  de  Tavera,  Philippine  Gen- 
sits,  I,  330;  Recopilacion,  9-8,  9,  11;  Helps,  Spanish  Conquest,  I,  102  et 
seq.  Alcaldes  mayores  and  corregidores  were  provincial  governors  with 
executive  and  judicial  powers. — Bancroft,  History  of  Central  America,  .1, 
297;  History  of  Mexico,  III,  520,  II,  329-330;  Relation  by  Loarca,  Blair 
and  Robertson,  I,  35-187. 

9Recopilaci6n,  5-15-17  to  18;   9-45-42. 

10 Alcaldes  ordinarios  were  municipal  judges  and,  usually,  at  the  same 
time  members  of  the  municipal  council  (calildo  or  ayuntamiento)  ; 
regidores  were  members  of  the  latter  body  without  judicial  powers. 


258  The  Southwestern  Historical  Quarterly 

y  Vargas  and  Marquina  gave  up  office  this  formality  was  omitted.11 
The  practice  of  taking  the  rcsidencia  of  the  last  group  of  officials 
was  definitely  abandoned  on  August  24,  1799,  and  a  rigid  inspec- 
tion of  their  official  acts  by  the  audiencia  was  substituted.32 

Officials  were  usually  obliged  to  submit  to  residencia  before 
leaving  the  colony  and  before  their  promotion  to  other  posts.13 
In  the  Philippines,  however,  owing  to  the  paucity  of  ships  ply- 
ing to  New  Spain  and  the  length  of  time  elapsing  between  the 
sailing  dates,  officials  could  post  bonds  and  leave  before  the  resi- 
dencia was  completed.  This  was  permitted  only  to  men  of  good 
character,  whose  services  had  been  uniformly  satisfactory,  destined 
to  some  other  post  wherein  their  services  were  indispensable.  The 
investigation  was  then  conducted  in  the  absence  of  the  official 
concerned.1* 

It  was  decreed  by  the  cedula  of  December  30,  1776',  that  an 
annual  deduction  should  be  made  from  the  salaries  of  governors 
and  viceroys  until  sufficient  money  had  been  taken  out  to  cover 
the  probable  costs  and  liabilities  of  their  residencia.15  This  was 
a  special  assessment,  distinct  from  the  media  anata  (which  was 
a  sort  of  an  income  tax),  and  the  money  deducted  thereby  was 
to  be  returned  if  nothing  detrimental  was  proved  in  the  resi- 
dencia. The  last  year's  salaries  of  alcaldes  mayors  and  corre- 
gidores  were  witheld,  pending  investigation  of  their  official  'con- 
duct and  a  rendering  of  accounts  of  collections  made  by  them.16 
If  an  official  were  cleared  of  all  guilt,  the  money  which  had  been 
withheld  was  refunded,  and  'the  costs  of  the  residencia  were  de- 
frayed from  the  royal  treasury.17  In  case  the  official  were  found 
guilty  of  misconduct,  he  had  to  forfeit  his  deposits,  back  salary, 

"Having  been  excused  by  the  ctdulas  of  July  7,  1789,  and  January 
15,  1795;  A.  L,  105-2-5. 

12Rccopilaci6n,  5-15,  notes  4,   11. 

18/6td,  3-2-6.  There  were  two  kinds  of  bonds,  those  posted  at  the  be- 
ginning of  the  term  of  office,  and  special  bonds  of  residencia,  given  at 
the  time  of  that  investigation.  The  last  mentioned  were  not  required 
if  the  office  were  not  a  responsible  one  or  if  the  charges  were  not  suffi- 
ciently serious. 

"Ibid.,  5-15-3;  this  c6dula  was  annulled  by  that  of  May  21,  1787;  see 
note  to  Law  3,  same  title. 

"King  to  Basco  y  Vargas,  A.  I.,  107-5-20. 

"Recopilacidn,  8-26-42. 

"Ibid.,  5-15-42. 


The  Residencia  in  the  Spanish  Colonies  259 

bonds,  and  frequently  he  had  to  pay  a  large  fine  in  addition.  The 
amount  of  the  penalty,  of  course,  depended  on  the  extent  of  the 
guilt.  It  may  be  said  that  in  the  Philippines  the  royal  treasury 
suffered  no  serious  embarrassment  through  having  to  bear  the  costs 
of  residencia. 

The  judges  of  residencia  who  served  as  such  in  addition  to  their 
regular  duties  received  an  additional  compensation  which  varied 
according  to  the  place  where  the  residencia  was  held,  its  distance 
from  the  capital  and  other  circumstances.13  This  was  modified 
by  a  reform  of  the  nineteenth  century  which  awarded  extra  pay 
only  in  case  the  official  were  fined.  This  was  intended,  of  course, 
to  afford  the  examining  judge  a  stimulating  interest  in  the  case. 
Still  later  the  system  of  giving  extra  pay  for  the  residencia  was 
abolished. 

Much  contradictory  legislation  appears  in  the  laws  of  the  Indies 
in  regulation  of  the  method  of  taking  residencias.19  This,  of 
course,  is  because  reforms  were  promulgated  from  time  to  time. 
We  must  remember  that  these  laws  were  made  for  a  growing  em- 
pire. A  chronological  review  of  the  laws  referred  to  will  show 
that  the  residencia  was  at  first  more  or  less  an  experiment.  In- 
deed, the  fact  is  too  often  overlooked  that  all  the  colonial  insti- 
tutions were  in  the  early  periods  passing  through  experimental 
stages,  and  that  the  seemingly  contradictory  laws  were  enunci- 
ated and  repealed  in  turn,  according  to  the  success  or  failure  of 
the  measures  which  were  put  into  effect. 

In  illustration  of  the  above  characteristic  of  the  laws  of  the 
Indies,  we  may  note  the  cedula  of  December  4,  1630,  which  or- 
dered that  the  residencia  of  a  governor  should  be  taken  by  his 
successor.  This  law  was  seldom,  if  ever,  observed.  Owing  to  the 
distance  from  Spain  and  Mexico,  the  time  consumed  in  voyages, 
the  unhealthy  climate  and  the  dangerous  military  campaigns  in 
which  the  governors  were  compelled  to  engage,  death  frequently 

™IUd.,   note   2. 

19Sinibaldo  de  Mas,  the  a.ble  Philippine  critic  of  the  nineteenth  century, 
says  in  regard  to  the  above  characteristic  of  the  Recopilacidn  and  its 
laws,  "since  the  laws  of  the  Indies  are  not  a  constitutional  code,  but  a 
compilation  made  in  1754  (a  footnote  amends  this  statement  with  the 
correction  that  the  Recopilacidn  was  first  made  in  1681)  of  royal  orders, 
dispatched  at  various  epochs  and  by  distinct  monarchs  .  .  .  there 
results  ...  a  confusion  of  jurisdiction."  De  Mas,  Blair  and  Rob- 
ertson, LII,  70. 


260  The  Southwestern  Historical  Quarterly 

intervened  before  their  successors  could  arrive.  This,  of  course, 
did  not  prevent  the  residencia  from  being  taken.  These  condi- 
tions, the  same  as  prevailed  in  all  of  Spain's  colonies,  caused  the 
above  law  to  be  modified  by  the  cedula  of  November  28,  1667, 
according  to  which  judges  for  the  residencias  of  viceroys  and  presi- 
dents (governors  and  captains-general)  were  to  be  delegated  by 
the  king.  The  magistrate  named  was  usually  the  senior  magis- 
trate of  the  audiencia.  After  1776,  the  regent  almost  invariably 
conducted  these  investigations.  The  important  reform  of  August 
24,  1799,  ordered  that  judges  of  residencia  for  governors,  vice- 
roys, presidents,  govemors-intendant,  intendentes-corregidores  and 
presidents  of  the  Council  of  the  Indies  should  be  appointed  by 
the  king.20 

The  first  residencia  to  be  conducted  by  the  Philippines  in  ac- 
cordance with  the  law  of  November  28,  1667,  was  that  of  Gov- 
ernor Salcedo  in  1670.  This  governor  had  been  removed  by  the 
commissioner  of  the  Inquisition  on  June  30,  1668,  and  Francisco 
Coloma,  the  senior  magistrate  of  the  audiencia,  was  ordered  to 
take  his  residencia.21  Coloma's  intervention  in  the  matter  was 
protested  by  the  audiencia  in  a  letter  to  the  Council  of  the  Indies, 
dated  April  7,  1670,  on  the  grounds  that  Coloma  was  also  the 
asesor22  and  possible  successor  of  the  governor,  and  for  that  rea- 
son was  legally  incapacitated  to  take  the  latter's  residencia,23 

The  audiencia  at  the  same  time  suspended  the  proposed  action 
of  Coloma,  pending  the  reply  of  the  Council  of  the  Indies.  In 
addition  to  the  protest  of  the  audiencia,  the  fiscal,  on  May  20, 

™Cedula  of  August  24,  1799,  San  Pedro,  Legislacidn  Ultramarina,  III, 
280-281. 


relatives  d  la  residencia  del  gobernador  Salcedo,  Inventario  dc 
Residencias,  A.  I.;  also  A.  I.,  67-6-10. 

^Since  all  legal  advice  was  furnished  the  governor  by  his  asesor,  Coloma 
would  be  examining  his  own  acts. 

23The  fiscal  was  the  general  prosecuting  official;  the  asesor  was  the 
legal  advisor  of  the  governor,  since  the  latter  was  usually  a  military 
official  and  knew  nothing  of  legal  matters.  The  asesor  was  held  respon- 
sible for  the  legal  and  political  decisions  of  the  governor  and  the  result- 
ant consequences  of  the  same.  The  fiscal  gave  legal  advice  to  the  audi- 
encia, and  in  fact,  to  all  other  officials  of  the  government,  even  including 
the  governor  at  times.  There  were  many  bitter  disagreements  between 
the  fiscales  and  the  governor's  asesores.  In  some  provinces  there  were 
tenientes  asesores  or  tenientes-letrados  to  advise  the  alcaldes  mayores  and 
correyidores  in  legal  matters. 


The  Residencia  in  the  Spanish  Colonies  261 

1670,  sent  a  report  of  the  case  to  the  court.24  The  notes  from 
Manila  were  effective  in  bringing  about  the  desired  results.  Upon 
receipt  of  the  communication,  the  Council  of  the  Indies,  on  June 
17,  1671,  ordered  the  nullification  of  all  former  cedulas  and  can- 
celled Coloma's  appointment  to  take  the  residencia  in  question, 
on  the  grounds  that  he  had  been  the  governor's  asesor.  Francisco 
de  Montmayor,  the  oidor  next  in  rank,  was  appointed  to  conduct 
the  residencia  of  the  governor.25  Salcedo  had  already  been  dead 
three  years,  and  two  more  transpired  before  his  residencia  was 
completed  and  the  autos  thereof  reviewed  by  the  Council. 

During  the  first  two  centuries  of  Spanish  rule  in  the  Philip- 
pines the  residencias  of  the  governors  were  especially  stringent, 
many  of  these  officials  suffering  deprivation  of  office,  imprison- 
ment and  exile.  The  families  and  dependents  of  some  were  re- 
duced to  the  last  extremes  of  poverty,  while  the  victims  them- 
selves spent  years  in  distant  provinces.,  unable  to  defend  them- 
selves from  their  enemies.  Many  victims  of  residencia  were  pur- 
posely put  aside  in  order  that  no  appeal  could  be  heard  from 
them.  One  would  occasionally  find  relief  at  last  in  a  tardy  par- 
don or  in  a  modification  of  sentence,  obtained  through  the  influ- 
ence of  friends  at  home,  when  these  latter  could  be  reached,  but 
more  often  death  would  intervene  before  the  exercise  of  executive 
clemency  or  revision  of  sentence  could  be  obtaind. 

The  factors  of  petty  spite,  malice  and  personal  ambition  en- 
tered to  an  extensive  degree  in  the  rendering  of  testimony  at  a 
residencia.  The  governor,  recently  arrived  in  the  colony,  would 
be  full  of  zeal  and  ardor  to  inaugurate  a  successful  administration 
and  make  a  good  record  for  himself.  The  first  duty  that  presented 
itself  on  his  arrival  was  that  of  taking  or  supervising  his  prede- 
cessor's residencia.  Frequently,  before  arriving  at  Manila,  the 
new  governor  would  be  in  full  possession  of  a  complete  record  of 
the  misdeeds  of  his  predecessor,  and  the  residencia  of  the  latter 
was  a  good  as  taken.20  Oidores,  merchants,  alcaldes,  treasury  offi- 

MRecopilaci6n,  2-18-27 

mCedula  of  June  17,  1671,  A.  I.,  67-6-10. 

260fficials,  desirous  of  ingratiating  themselves  into  the  favor  of  the  new 
executive,  frequently  journeyed  by  land  and  sea  from  Manila  as  far  as  the 
Straits  of  San  Bernardino.  The  privilege  of  returning  to  Manila  in  com- 
pany with  the  new  governor  was  then  gained,  together  with  the  oppor- 


262  The  Southivestern  Historical  Quarterly 

cials  and  churchmen,  compelled  to  stand  aside  for  a  long  period, 
to  see  a  governor  take  his  choice  out  of  the  best  things  and  leave 
for  them  only  the  husks,  were  not  slow  in  bringing  charges  at  the 
official  residencia.27  A  new  governor,  desirous  of  demonstrating 
his  intention  of  starting  an  honest  and  vigorous  administration, 
hearing  nothing  but  evil  of  his  predecessor,  would  naturally  lend 
himself  as  a,n  instrument  of  the  desires  of  all  malcontents.  A 
fiscal,  after  spending  six  years  in  conflict  with  a  governor,  could 
be  depended  on  to  bring  strenuous  prosecution  against  him.  A 
magistrate  with  enmity  in  his  heart  for  the  governor  whose  resi- 
dencia he  was  to  take,  was  no  fit  person  to  conduct  an  impartial 
investigation. 

While,  as  a  rule,  the  residencias  of  governors  were  arduous,  due 
largely  to  the  presence  and  hostilitv  of  the  audiencia,  that  of 
Dr.  Sande,  the  first  governor  to  submit  to  this  investigation  in 
the  Philippines,  illustrates  the  evils  of  the  residencia  as  conducted 
before  the  establishment  of  the  audiencia.  His  successor,  Gov- 
ernor Ronquillo  de  Pefialosa,  conducted  his  residencia  and  sen- 
tenced him  to  pay  a  heavy  fine,  but  he  appealed  the  case  to  the 
Audiencia  of  Mexico,  in  which  tribunal,  meanwhile,  he  had  been 
commissioned  oidor.  Ronquillo  commented  in  no  uncertain  terms 
on  the  abject  state  into  which  the  administration  of  justice  had 

tunity  to  poison  his  mind  with  tales  and  insinuations  of  the  misdeeds 
of  the  incumbent  and  of  the  wealth  which  the  latter  had  heaped  up  for 
himself  through  the  exercise  of  dishonest  methods. 

27The  residencia  of  a  governor  presented  a  splendid  opportunity  to  that 
official's  enemies  for  revenge.  A  governor  was  always  in  a  fair  way  to 
make  enemies,  and  the  latter  usually  awaited  the  residencia  of  their 
former  oppressor  with  great  eagerness.  In  case  a  governor  did  make  fair 
profit  out  of  his  office,  and  there  were  many  opportunities  for  profit,  com- 
mercial and  otherwise,  legitimate  and  illegitimate  (according  to  Ztiniga, 
Estadismo,  I,  242,  the  emoluments  of  the  governor,  aside  from  his  salary, 
aggregated  20,000  pesos  a  year ) ,  his  enemies  gave  him  no  rest  at  the  time 
of  his  residencia.  It  is  probable  that  most  of  the  governors  were  dishon- 
est, as  the  opportunities  for  corruption  were  numerous.  The  temptations 
offered  by  the  position  were  too  strong  for  the  powers  of  resistance  of 
any  human  being.  Thousands  of  miles  from  Spain,  in  an  age  of  slow 
communication,  entrusted  with  the  assignment  of  all  sorts  of  lucrative 
offices,  encomiendas  and  commercial  privileges,  with  friends,  relatives  and 
special  interests  to  serve,  a  governor  was  surrounded  by  countless  officials 
who  were  eagerly  awaiting  their  share  of  booty,  and  who  were  ready  at 
a  moment's  notice  to  turn  traitor  if  they  could  gain  by  such  an  act.  It 
may  be  said  of  the  Spanish  colonial  governor  as  'was  said  of  Verres  of 
old,  that  in  stealing  one  must  steal  threefold,  once  for  himself,  once  for 
his  judge  and  once  to  pay  the  penalty. 


The  Residencia  in  the  Spanish  Colonies  263 

fallen  when  a  man  could  be  promoted  to  a  magistracy  in  a  tribunal 
which  was  trying  his  own  case  on  appeal.28  However,  after  the 
establishment  of  the  audiencia  and  until  the  close  of  the  nine- 
teenth century,  the  residencia  went  to  the  other  extreme,  and  was, 
as  a  rule,  extremely  rigorous. 

The  residencias  of  subsequent  governors  were  conducted  in  due 
form,  however,  as  the  defects  referred  to  by  Ronquillo  were  elim- 
inated by  the  establishment  of  the  audiencia.  Thereafter,  the 
magistrates  conducted  these  investigations  under  the  supervision 
of  the  new  governor.  An  account  of  the  residencias  of  all  the 
governors  of  the  Philippines  and  a  statement  of  the  fines  imposed 
upon  them  would  not  necessarily  subserve  the  purpose  of  this 
paper,  which  is  designed  to  show  the  aims  and  methods  of  the  in- 
vestigation rather  than  to  give  a  detailed  account  of  what  tran- 
spired. We  may  note,  however,  a  few  of  the  more  typical  ones 
which  illustrate  some  characteristic  or  phase  of  the  residencia. 

Santiago  de  Vera,  governor  from  1584  to  1590,  whose  admin- 
istration had  been  one  perpetual  struggle  with  the  ecclesiastical 
authorities,  was  obliged  to  submit  to  a  very  rigorous  audiencia. 
His  chief  accuser  was  his  enemy,  Bishop  Salazar.  Nevertheless, 
Yera  was  cleared  and  promoted  to  Mexico.  Gomez  Perez  and 
Luis  Perez  Dasmarinas,  successors  of  Vera  and  governors  during 
the  period  when  the  colony  was  without  an  audiencia  (1589-1596), 
were  obliged  to  give  residencia  to  Governor  Tello  in  1596. 29  The 
'younger  Dasmarinas  was  sentenced  to  a  fine  of  more  than  50,000 
pesos. 

Neither  the  death  of  Governor  Tello  in  1603,  in  office,  nor  that 
of  Pedro  Bravo  de  Acuna,  in  1606,  soon  after  the  latter's  return 
from  a  successful  expedition  to  the  Moluccas,  excused  those  gov- 
ernors from  the  investigation,  even  though  they  were  not  person- 
ally present  to  answer  for  their  misdeeds.  They  had  both  accum- 
ulated considerable  property  during  their  administrations  through 
commercial  ventures  and,  as  a  result,  particularly  of  their  favor- 
itism to  the  Chinese,  all  their  property  was  confiscated  by  the 
audiencia.  The  residencia  of  Acuna  was  taken  and  heavy  penal- 

28Ronquillo  to  King,  June  15,  1582,  Blair  and  Robertson,  IV,  310-311. 

2'Gr6mez  Perez  Dasmarinas  died  in  1593  and  was  succeeded  as  governor  by 
his  nephew  Luis  Perez  Daamarinas;  the  latter  was  obliged  to  give  resi- 
dencia for  his  own  and  his  uncle's  administration. 


264  The  Southwestern  Historical  Quarterly 

ties  were  imposed  upon  his  estate  by  Kodrigo  de  Vivero,  who  had 
been  sent  by  the  Viceroy  of  New  Spain  in  1608  to  assume  tempo- 
rary charge  of  the  government  and  to  conduct  the  residencias  of 
officials  in  the  colony. 

In  1625  Geronimo  de  Silva,  temporary  governor,  was  impris- 
oned by  the  audiencia  because  he  had  failed  to  pursue  the  Dutch 
after  their  failure  to  take  Manila  in  1610.  The  real  difficulty 
lay  in  the  fact  that  Silva  had  incurred  the  enmity  of  the  senior 
magistrate,  who  ultimately  conducted  the  residencia.  Silva's  ar- 
rival in  the  Islands  had  deprived  that  magistrate  of  the  command 
of  the  military  and  naval  forces  of  the  Islands. 

Governor  Cbrcuera,  after  nine  jrears  of  successful  rule,  during 
which  he  distinguished  himself  in  several  campaigns  of  conquest, 
and  incidentally  aroused  the  hostility  and  jealousy  of  the  oidores, 
was  arrested  on  charges  made  by  the  audiencia  on  the  arrival  of 
Governor  Diego  Fajardo  in  1644.  An  oidor,  who  was  the  per- 
sonal enemy  of  Corcuera,  was  designated  to  conduct  the  residencia. 
The  ex-governor  was  fined  25,000  pesos  and  was  imprisoned  five 
years  while  the  magistrate  of  the  audiencia  delayed  the  transmis- 
sion of  the  papers  which  would  have  permitted  a  rehearing  of  the 
case.  At  last  his  defense  was  sent  to  the  Council,  the  fine  was 
remitted,  he  was  given  salary  for  the  period  of  his  exile,  and  the 
post  of  governor  of  the  Canaries  was  conferred  upon  him.  Al- 
though the  audiencia  was  responsible  for  the  injustice  in  this  case, 
Fajardo,  as  president  and  governor,  was  held  answerable  in  his 
residencia  for  his  conduct  toward  his  predecessor. 

Governor  Lara,,  a  placid  and  mild  executive  who  terminated  a 
successful  administration  in  1663,  was  forced  to  submit  to  a  severe 
residencia  on  giving  up  his  office,  and  was  fined  70,000  pesos. 
He  appealed  to  the  Council  of  the  Indies  and  the  sentence  was 
remitted.30  We  have  already  noted  the  residencia  of  Governor 
Salcedo  in  1670.  Governor  Juan  de  Vargas  Hurtado,  incumbent 
from  1678  to  1684,  was  compelled  to  give  an  uncommonly  hard 
residencia  which  lasted  over  four  years,  the  trials  of  which  so 
weakened  him  that  he  died  at  sea  in  1690,  en  route  to  New  Spain. 
His  chief  crime  had  been  his  opposition  to  Archbishop  Pardo, 
and  his  accusers  in  the  residencia  were  ecclesiastics.  Governor 

80Ztifiiga,  History  (English  edition),  I,  304;  Montero  y  Vidal,  Historic, 
I,  330-331. 


The  Residencia  in  the  Spanish  Colonies  265 

Zabalburu,  after  eight  years  of  distinguished  service,  was  dis- 
missed in  1709  for  having  received  the  French  papal  delegate, 
Touron,  in  the  Islands.  The  latter  had  been  commissioned  by 
the  Pope,  but  had  come  without  the  authorization  of  the  Council 
of  the  Indies.  After  his  residencia  had  been  taken,  new  charges 
were  brought  by  the  fiscal,  and  it  was  proved  that  he  had  been 
guilty  of  favoritism  in  the  bestowal  of  a  contract  for  the  careen- 
ing of  the  galleon.  He  was  fined  11,000  pesos,  which  was  the  sum 
lost  to  the  government  through  his  act.31 

Governor  Bustamante  was  murdered  in  1719.  His  successor, 
Governor  Torre  Campo,  who  came  to  the  Islands  in  1721,  was  or- 
dered to  investigate  the  cause  of  his  death,  but  owing  to  the  in- 
fluence of  the  Jesuits,  who  seemed  to  have  been  responsible  for  the 
death  of  Bustamante,  the  matter  was  delayed.  The  government  at 
Madrid  was  compelled  to  take  the  matter  in  hand,  and,  as  a  result, 
the  governor  finally  made  a  noncommittal  report,  accusing  nobody 
The  property  of  Bustamante  was  sequestrated  on  his  death,  but 
the  circumstances  of  his  murder  were  so  revolting  that  his  case 
was  not  prosecuted,  and  the  remaining  portion  of  his  property  was 
sent  to  New  Spain  to  his  family.32 

When  Governor  Valdez  y  Tamon  came  to  give  residencia  on 
the  termination  of  his  administration  in  1739,  he  was  charged  by 
the  fiscal  with  having  made  away  with  2,500,000  pesos  belonging 
to  the  government.  It  was  not  proved.  It  is  unbelievable  that 
any  governor  of  the  Philippines  ever  had  a  chance  to  appropriate 
that  much  money.  Governor  Obando,  whose  administration  from 
1750  to  1754  was  a  perpetual  struggle  with  the  audiencia  and  the 
archbishop,  was  severely  treated  by  the  residencia,  which  was  con- 
ducted by  his  enemies,  the  oidores.  Governor  Arandia,  who  was 
said  to  have  amassed  a  fortune  of  250,000  pesos  during  his  ad- 
mi  ninstration  from  1754  to  1759,  leaving  his  wealth  to  pious  pur- 
poses on  his  death,  was  fined  6,713  pesos  in  his  residencia.33 
Governor  Eaon,  who  had  failed  to  properly  execute  the  royal  or- 
ders relative  to  the  expulsion  of  the  Jesuits  and  the  Chinese  from 
the  Philippines,  was  heavily  fined,  his  property  was  seized,  and 

34Torralba  to  King,  June  23,  1716,  A.  L,  68-4-18. 

s"Inventario  de  residencias,  A.  I. 

S3IUd. 


266  The  Southwestern  Historical  Quarterly 

his  family  was  reduced  apparently  to  poverty.34  From  one  ac- 
count we  learn,  however,  that  Raon  left  to  his  family  the  sum  of 
500,000  pesos,  all  of  which  he  obtained  from  the  Chinese,  from 
the  merchants  of  Manila,  and  from  the  Jesuits  for  various  favors.35 

Governor  Simon  Anda  y  Salazar,  one  of  the  most  successful 
governors  the  Islands  have  ever  known,  was  made  to  suffer  from 
the  personal  malice  of  the  oidores  when  he  gave  his  last  residencia 
in  1776.36  Among  the  offenses  which  were  proved  against  him 
was  the  exercise  of  prejudice  in  the  residencia  of  Oidor  Yillacorta, 
which  was  conducted  under  his  supervision.  The  residencia  had 
been  rigorous,  due  no  doubt  to  personal  enmity  existing  between 
the  oidor  and  the  governor,  extending  over  a  period  of  many  years. 
Governor  Anda  was  fined  4,000  pesos  as  a  price  for  his  excessive 
zeal  in  the  prosecution  of  the  residencia  of  his  predecessor,  Kaon, 
who  had  friends  in  the  audiencia  to  defend  and  champion  his 
memory.  Anda  was  also  shown  to  have  absolved  certain  officials 
of  real  hacienda  (finance),  permitting  them  to  leave  the  Islands 
without  the  consent  of  the  audiencia  and  before  their  obligations 
to  the  government  had  been  settled.  These  and  other  charges  were 
proved  against  him,  and  they  were  said  to  have  caused  his  prema- 
ture death  in  1776. 

Governor  Jose  Basco  y  Vargas,  another  very  efficient  execu- 
tive,37 but  one  who  had  been  opposed  throughout  his  administra- 
tion by  the  audiencia,  was  heavily  fined  in  1787  by  the  oidor 
designated  to  conduct  the  investigation.  The  decision  of  the  judge 
of  residencia  was  reversed  by  the  Council  of  the  Indies,  and  Var- 
gas' exceptional  merits  were  recognized  to  the  extent  of  his  be- 
ing appointed  to  the  governorship  of  Cartagena,  with  the  rank  of 
rear-admiral.  In  taking  the  residencia  of  Vargas  the  audiencia 


Also  Montero  y  Vidal,  Historia,  II,  254-255. 

3SAnda  to  Manuel  de  Koda   (no  date),  A.  I.,  106-4-22. 

86Montero  y  Vidal,  II,  257-258.  Anda  spent  an  earlier  term  of  service  in 
the  Philippines.  He  first  came  to  the  islands  in  1761  as  oidor.  He  con- 
ducted the  defense  of  Manila  in  1763,  acting  as  temporary  governor,  and 
was  accordingly  obliged  to  submit  to  residencia  on  giving  up  his  office  in 
1764.  His  conduct  was  approved,  and  he  received  high  honor  and  promo- 
tion at  the  court,  being  advanced  to  membership  in  the  Council  of  Castile. 

87Basco  y  Vargas  occupies  much  the  same  position  in  the  history  of  the 
Philippines  as  does  Josef  de  Galvez  in  that  of  New  Spain.  It  was  he  who 
recommended  and  inaugurated  in  the  Philippines  the  reforms  of  the  in- 
tendancy  in  1785-7. 


The  Residencies  in  the  Spanish  Colonies  267 

disagreed  so  completely  that  the  tribunal  was  obliged  to  resort  to 
the  exceptional  extreme  of  appointing  a  churchman  as  arbiter.38 
Fray  Geronimo  Caraballo,  the  curate  of  Quiapo,  was  designated 
for  that  duty. 

Aside  from  the  above  references  to  notable  cases  of  governors' 
residencias  in  the  Philippines,  it  would  seem  appropriate  to  make 
a  detailed  study  of  at  least  one  governor's  residencia,  in  order  to 
note  the  method  and  actual  practices  connected  with  one  of  these 
investigations.  We  may  select  for  this  purpose  the  residencia  of 
Felix  Beringuer  Marquina,  which  was  the  last  to  be  conducted 
under  the  old  laws,  and  accordingly  the  last  of  the  severe  resi- 
dencias.39 

As  governor  and  superintendent  of  real  hacienda,  Marquina  had 
assumed  such  power  as  probably  no  other  governor  of  the  Philip- 
pines ever  exercised.  He  was  opposed  at  every  turn  by  the  audi- 
encia,  and  probably  no  governor  had  so  many  of  his  measures 
vetoed  or  opposed  by  the  home  government  as  did  Marquina. 
The  fiscal  and  oidores  brought  many  charges  against  him  during 
his  administration,  and  these  finally  culminated  in  the  royal  order 
of -February  19,  1792,  before  the  expiration  of  his  term,  for  the 
taking  of  his  residencia.  The  regent,  Agustin  de  Amparan,  was 
put  in  possession  of  the  special  charges  which  had  been  made- 
against  the  governor.  According  to  these  he  had  been  careless  in 
defending  the  Islands  against  the  Moros:  the  latter  had  raided, 
insulted  and  robbed  the  settlements  throughout  the  Islands  with 
impunity,  and  no  effort  had  been  made  to  check  their  advance. 
The  governor  had  transgressed  in  numerous  instances  upon  the 
sphere  of  the  audiencia  and  had  substituted  his  own  authority  for 
that  of  the  tribunal.  He  was  said  to  have  been  guilty  of  immoral 
relations  with  certain  Spanish  women  of  the  colony,  having  de- 
liberately and  maliciously  separated  an  intendant  from  his  wife 

^Inventario  de  residencias,  op.  cit. 

30This  residencia  was  held  in  accordance  with  the  laws  which  had  pre- 
vailed throughout  the  seventeenth  and  eighteenth  centuries.  Character- 
istic of  them,  particularly,  was  the  fact  that  the  regent,  or  some  other 
colonial  magistrate,  conducted  the  investigation  and  rendered  sentence.  The 
latter  might  be  appealed  to  the  Council  of  the  Indies.  This  gave  an  op- 
portunity for  great  injustice  to  be  done  to  the  governor  by  his  enemies, 
and  it  did  not  give  him  an  impartial  hearing.  The  laws  of  1799  still  per- 
mitted a  local  magistrate  to  collect  the  evidence,  but  the  decision  was  ren- 
dered by  the  Council  of  the  Indies. 


268  The  Southwestern  Historical  Quarterly 

on  one  occasion  by  ordering  the  former  to  a  post  of  duty  where 
no  woman  could  go.  He  had  amassed  a  great  fortune  through 
trade  and  by  diverting  the  proceeds  of  the  royal  revenue  to  his 
own  private  advantage;  He  had  permitted  merchants  to  conduct 
business,  without  proper  licenses;  he  had  allowed  foreign  traders 
to  remain  and  thrive  in  Manila  under  conditions  forbidden  by 
law.40  These  and  many  other  accusations  were  brought  against 
Governor  Marquina  in  his  residencia.  They  may  be  considered 
as  typical  of  those  usually  brought  against  governors  on  such 
occasions. 

Amparan  was  ordered  by  his  commission  to  have  Marquina  re- 
tire to  some  spot  outside  Manila,  where  he  could  not  interfere 
with  the  residencia,  but  whence  he  could  be  summoned  at  any 
time  to  give  testimony  in  his  own  behalf.41  The  regent  was  in- 
structed to  ascertain  of  the  treasury  officials  whether  it  would  be 
necessary  for  Marquina  to  post  more  than  the  usual  amount  of 
bonds  in  view  of  the  grave  charges  made  against  him.42  In  pur- 
suance of  these  arrangements,  Marquina  was  relieved  of  his  office 
in  September,  1792,  and  was  sent  to  Laguna  de  Bay,  about  thirty 
miles  from  Manila,  After  five  months'  delay,  the  investigation 
was  begun  and  it  was  concluded  by  July  22,  1793.  However, 
Aguilar,  the  new  governor,  intervened  and  suspended  the  sentence 
on  the  grounds  that  Marquina  had  not  been  given  sufficient  op- 
portunity to  defend  himself.  Up  to  this  time  Marquina  had  not 
testified  directly.  Aguilar  ordered  that  the  ex-governor  should  be 
brought  to  Manila  and  that  a  lawyer  should  be  appointed  for  his 
defense.  This  was  done  and  the  charges  which  had  been  made 
against  him  were  duly  answered.  This  evidence  could  not  be  in- 
corporated into  the  official  papers  of  residencia.,  however,  for  the 
latter  had  been  finished  and  closed  by  the  regent.  Marquina's 
testimony  was  forwarded  to  Spain  under  separate  cover.43 

40Audiencia  to  King,  June  28,  1791,  A.  I.,  108-4-18. 

•"Instructions  to  Amparan,  February  19,  1792,  A.  /.,  105-2-10. 

42It  seems  that  the  law,  already  cited,  which  had  required  an  annual  de- 
duction of  one-fifth  of  the  governor's  salary  to  cover  residencia,  had  been 
abrogated  by  the  royal  order  of  February  13,  1782;  hence  there  was  some 
apprehension  lest  Marquina  had  not  deposited  sufficient  money. 

43The  just  and  honorable  conduct  of  Marquina's  successor  on  this  occasion 
may  be  contrasted  with  that  of  his  predecessors,  whose  unfairness,  bigotry 
stupidity  had  caused  governors  Corcuera,  Silva  and  Torralba,  victims 


The  Residencia  in  the  Spanish  Colonies  269 

The  an tos  of  Marquina's  residencia,  as  formulated  by  the  re- 
gent of  the  audiencia,  arrived  before  the  Council  of  the  Indies 
in  due  time,  together  with  Marquina's  defense,  which  had  been 
sent  separately.  The  glaring  injustice  of  the  investigation  as 
conducted  by  Amparan  and  of  the  official  evidence  transmitted 
was  evident  at  once  to  the  -fiscal  of  the  Council.  He  refused  to 
receive  any  testimony  that  was  not  incorporated  into  the  official 
papers  of  the  case.  Marquina  was  allowed  a  retrial  by  the  Coun- 
cil. This  resulted  in  a  further  delay  of  three  years,  during  all 
of  which,  except  for  the  time  he  spent  in  Manila  giving  testimony 
in  his  second  residencia,  which  was  taken  under  the  supervision 
of  Governor  Aguilar,  Marquina  remained  in  the  province.  Shortly 
after  his  second  trial  Marquina  was  transferred  to  Mexico,  but  he 
was  obliged  to  deposit  an  additional  50,000  pesos  before  his  de- 
parture from  Manila. 

In  the  ultimate  judgment,  Marquina  was  pronounced  guilty  of 
many  offenses  in  addition  to  those  mentioned  in  the  charges  out- 
lined in  a  former  paragraph.  He  had  shown  favoritism  in  the 
dispensation  of  official  favors;  he  had  authorized  the  expenditure 
of  public  money  for  private  purposes;  he  had  neglected  defense 
and  agriculture;  he  had  been  careless  in  the  supervision  of  the 
various  departments  of  real  hacienda  and  particularly  of  tobacco. 
He  had  infringed  on  the  jurisdiction  of  the  royal  audiencia.  He 
had  indulged  in  private  trade  and  had  granted  special  favors  to 
foreign  merchants.44  The  regent  fined  him  40,000  pesos  outright 
and  condemned  him  to  pay  into  the  royal  treasury  an  additional 
sum  of  16.000  pesos  to  cover  certain  illegitimate  profits  which  he 
had  made  through  granting  unlawful  trading  concessions  to  an 
Armenian  merchant.  This  sentence  was  not  executed  immedi- 
ately, as  it  had  to  be  confirmed  by  the  Council  of  the  Indies.  On 

of  residencia,  to  be  seized,  imprisoned  and  exiled  without  opportunities  for 
defense,  while  their  investigations  were  being  conducted.  This  case  serves 
well  to  illustrate  the  fact  that  by  the  close  of  the  eighteenth  century  the 
residencia  had  grown  more  humane. 

"He  was  charged  with  having  entered  into  a  conspiracy  with  an  Ar- 
menian merchant  to  secure  trade  which  should  have  gone  to  Spanish  mer- 
chants. In  this  particular  venture  he  had  made  profits  of  16,000  pesos 
and  in  doing  so  not  only  had  he  violated  the  laws  of  the  Indies  which  for- 
bade governors  to  trade  (Recopilacion,  2-16-54,  62),  but  he  had  connived 
at  the  infraction  of  another  law  which  forbade  foreigners  to  trade  (Ibid., 
6-15-91). 


270  The  Southwestern  Historical  Quarterly 

review  of  the  findings  and  recommendations  of  the  regent,  the 
Council  declared  that  since  the  proceedings  at  the  trial  of  Mar- 
quina  had  been  irregular  and  the  governor  had  been  greatly  in- 
convenienced already  by  the  slow  process  of  the  courts,  the  fine 
imposed  by  the  judge  of  residencia  in  Manila  should  be  reduced 
to  2,000  pesos,  Marquina,  writing  from  Mexico,  asked  to  have  the 
fine  remitted,  but  the  Council  denied  his  petition,  declaring  that 
he  had  been  treated  with  great  consideration  and  mercy  already 
and  that  nothing  more  could  be  done  in  his  behalf,  especially  since 
he  had  not  been  adjudged  innocent  of  the  charges  made  against 
him.45 

Marquina's  trial  illustrates  all  of  the  characteristics,  delays,  ter- 
rors and  ramifications  of  a  typical  governor's  residencia  in  the  sev- 
enteenth and  eighteenth  centuries.  Continual  complaints  against 
him  caused  Marquina's  residencia  to  be  taken  before  the  expira- 
tion of  his  official  term.  The  regent  of  the  audiencia  was  com- 
missioned by  the  court  to  conduct  the  investigation  (because  Mar- 
quina's successor  had  not  arrived).  That  magistrate  was  preju- 
diced on  account  of  his  having  witnessed  the  governor's  continual 
malfeasance  in  office.  He  was  unable  to  conduct  an  impartial 
investigation,  nor  would  the  audiencia,  likewise  prejudiced,  inter- 
vene in  behalf  of  the  ex-governor.  The  wrongs  done  to  Marquina 
in  his  trial  were  so  patent  that  the  Council  of  the  Indies  ordered 
a  new  hearing.  A  severe  sentence  was  finally  passed  by  the  judge 
in  Manila,  but  it  was  modified  by  the  Council  of  the  Indies  through 
considerations  of  mercy.  The  residencia  occupied  ten  years,  and 
during  the  greater  part  of  that  time  the  ex-governor  remained  in 
exile,  a  victim  of  his  own  misdeeds,  the  faulty  residencia  system 
and  the  hostility  of  the  audiencia.  The  customary  severity  of  the 
residencia  was  only  mitigated  in  this  case  by  the  presence  of  an 
impartial  governor,  who,  unlike  most  governors,  sought  to  secure 
a  fair  trial  for  his  predecessor.  To  accomplish  this,  he  was  obliged 
to  work  in  opposition  to,  rather  than  in  cooperation  with,  the 
audiencia. 

The   above-described   method   of   conducting  the   residencia    of 

"It  is  an  interesting  commentary  on  the  Spanish  governmental  point  of 
view  that,  notwithstanding  Marquina's  misgovernment  in  the  Philippines, 
he  was  promoted  to  the  post  of  Viceroy  of  New  Spain,  which  place  he  held 
from  1800  to  1803. 


The  Residencia  in  the  Spanish  Colonies  271 

governors,,  presidents,  viceroys  and  superintendents  was  modified, 
as  already  mentioned,  by  the  reform  of  August  24,  1799.  The 
new  law  provided  that  the  court,  instead  of  the  new  governor, 
should  appoint  the  examining  judge.  The  latter  was  no  longer 
endowed  with  authority  to  pass  sentence,  but  was  ordered  to  re- 
mit the  autos  of  the  case  to  the  Council  of  the  Indies  for  final  de- 
termination and  sentence.46  Again,  on  March  16,  1797,  the  royal 
order  of  December  30,  1777,  was  re-enacted  and  the  practice  was 
revived  of  deducting  annually  one-fifth  of  the  salaries  of  officials 
whose  incomes  were  8,000  pesos  a  year  or  more.47  This  law  was 
again  promulgated  on  January  18,  1848.  Its  purpose  was  to 
secure  the  retention  of  a  sufficient  sum  of  money  to  guarantee 
all  losses  incident  to  the  residencia.  It  apparently  continued  in 
force  until  July  7,  1860,  when  governors  and  captains-general 
were  declared  exempt  from  these  discounts.48 

It  has  already  been  stated  that  the  residencias  of  provincial 
judges  and  governors,  alcaldes  ordinarios  and  treasury  officials 
were  taken  by  judges  appointed  by  the  president  of  the  audiencia 
(the  governor),  with  appeal  to  the  tribunal.  These  cases,  under 
certain  circumstances,  might  be  carried  on  second  appeal  to  the 
Council  of  the  Indies.  There  were  some  variations  in  the  laws 
regulating  these  matters,  but  a  general  principle  seemed  to  have 
been  followed  of  granting  jurisdiction  over  the  residencia  of  an 
official  to  the  authority  which  appointed  him.49  So  we  have  the 
Council  of  the  Indies  exercising  final  jurisdiction  over  the  resi- 
dencias of  viceroys  and  captains-general,  and  the  governor  and 
audiencia  over  those  of  the  minor  officials  of  the  colony.  Neither 

MRecopilaci6n,  5-15,  notes  4  and  5. 

47Reales  resoluciones  del  consejo  de  4  de  Marzo  de  1794,  A.  I.,  106-4-18; 
Royal  Order  of  January  18,  1848,  San  Pedro,  Legislation  Ultramarina,  T, 
290. 

4SThese  discounts  were  "considered  subversive  of  their  authority  (that  of 
the  governors) ;  .  .  .  the  best  guarantee  of  their  acts  is  not  a  discount 
of  some  thousands  of  pesos,  which  is  always  penurious  when  compared 
with  the  honor  and  dignity  of  the  persons  called,  on  account  of  their 
elevated  character  and  distinguished  services,  to  hold_  these  posts;  and  if, 
in  former  times,  this  practice  had  some  foundation  in  the  tardiness  of  com- 
munication between  the  Peninsula  and  these  provinces,  it  does  not  exist 
today  in  view  of  the  frequency  of  communication  which  enables  said 
authorities  to  consult  with  the  government  of  her  Majesty  in  all  the  steps 
which  are  considered  necessary  in  the  territory  of  their  command." — Royal 
Order  of  July  7,  1860,  San  Pedro,  Legislacidn  Ultramarina,  I,  287. 

"Recopilacidn,  5-15-4. 


272  The  Southwestern  Historical  Quarterly 

the  governor  nor  the  audiencia  was  to  have  complete  authority  in 
the  matter,  but  each  should  participate,  the  audiencia  assisting  in 
the  determination  of  whether  the  case  merited  investigation,  and 
the  governor  making  out  the  commission  and  appointing  the  judge 
if  an  investigation  were  decided  on.  The  audiencia  alone,  was  au- 
thorized to  appoint  judges  of  residencia  for  judicial  officials 
only.50  It  was  forbidden  to  interfere  in  the  residencia,  itself,51 
although  this  prohibition  did  not  prevent  the  tribunal  from  re- 
viewing the  autos  of  residencia  in  second  instance. 

The  length  of  time  consumed  in  all  the  residencias  except  those 
of  viceroys  and  governors  was  four  months.  For  the  latter  the 
cedula  of  December  4,  1630  authorized  a  period  of  six  months. 
These  investigations  were  divided  into  two  parts.  During  the  first 
half,  edicts  or  notices  of  residencia  were  posted  throughout  the 
district  of  the  official  concerned.  These  were  printed  in  Spanish 
and  in  the  common  dialect,  so  that  natives  and  others  might  read 
and  know  that  the  official  was  giving  up  his  post  and  that  charges 
might  be  brought  against  him,  setting  forth  any  misconduct,  un- 
due harshness,  tyranny  or  dishonesty  of  which  he  had  been  guilty 
during  his  term  of  office.  These  notices  invited  them  to  register 
any  charges  which  they  might  wish  to  make  and  gave  them  sixty 
days  in  which  to  do  it.  At  the  close  of  this  period  the  judge  of 
residencia  opened  an  investigation  in  the  town  wherein  the  official 
under  examination  had  resided  (usually  the  capital  of  the  colony 
or  the  chief  town  of  the  province) .  The  actual  trial  of  residencia 
might  consume  sixty  days,  or  it  might  be  prefunctory  in  its  char- 
acter and  occupy  a  much  shorter  period,  the  entire  question  of 
time  depending  on  the  amount  of  evidence  presented  against  the 
retiring  official.  On  the  other  hand,  as  we  have  seen,  the  resi- 
dencias of  some  governors  occupied  ten  years,  If  the  judge 
were  taking  a  residencia  in  the  provinces  he  was  frequently  de- 
layed in  arriving  at  his  post,  owing  to  the  press  of  other  business 
or  the  uncertainty  of  transportation  facilities.  In  that  event,  per- 
haps he  could  not  open  the  judicial  investigation  until  the  allotted 
time  had  already  passed. 

In   the  trial,   two  distinct  lines  of  investigation  were  usually 

™IUd.,  7-1-16;  5-15-21. 
"Ibid.,  2-2-53  and  54. 


The  Residencia  in  the  Spanish  Colonies  273 

pursued:  (1)  Charges  which  had  been  made  against  the  offi- 
cial were  investigated,  and  (2)  the  records  of  his  office  were  ex- 
amined. The  discovery  was  frequently  made  by  the  latter  pro- 
ceeding that  the  official  had  made  away  with  money  belonging  to 
the  government.  The  enquiry  might  show  that  he  had  been  care- 
less in  the  execution  of  the  duties  of  his  office,  remiss  in  his  at- 
tention to  encomiendas,  particularly  neglecting  the  Indians 
thereon,  or  that  he  had  been  too  ignorant  or  incompetent  properly 
to  try,  record,  and  transmit  the  autos  of  the  cases  which  had  come 
before  him  in  first  instance.  These  defects  might  not  become  ap- 
parent until  they  were  revealed  in  this  examination. 

The  judge  of  residencia  would  seem  to  have  been  well  occupied 
during  the  time  he  was  conducting  the  investigation.  He  re- 
ceived and  reviewed  all  charges  made.  In  addition  to  auditing 
the  records  of  his  office,  he  had  to  pursue  enquiries  as  to  the 
truth  of  these  charges.  He  examined  witnesses  both  for  and 
against  the  defendant  and  was  supposed  to  give  the  official  under 
investigation  every  opportunity  to  defend  himself.  He  was  re- 
lieved, however,  of  the  trouble  and  responsibility  of  checking  up 
the  financial  accounts  of  officials  under  residencia.  This  impor- 
tant matter  was  turned  over  to  the  treasury  officials,  who  ascer- 
tained shortages,  and  held  the  bondsmen  of  the  official  under  in- 
vestigation responsible.52  The  judges  of  residencia  and  the 
oidores  making  investigations  and  reviewing  cases  of  residencia 
were  ordered  to  confine  their  examinations  to  "criminal  and  legal 
matters  and  charges  which  result  against  those  under  residencia/' 

After  all  the  evidence  had  been  taken  and  the  case  had  been 
duly  tried,  the  judge  of  residencia  was  authorized  to  render  sen- 
tence. Sentences  were  executed  by  the  examining  judge  if  the 
penalty  did  not  exceed  a  fine  of  twenty-five  thousand  maravedis.58 
Such  cases  were  not  appealable.  If  the  fine  were  less  than  two 
hundred  ducats  and  the  defendant  desired  to  appeal,  he  was 
obliged  to  pay  the  fine  or  deposit  the  amount.  His  case  would 
then  be  reviewed  by  the  audiencia,  and  in  order  to  effect  this, 
notice  of  appeal  had  to  be  submitted  in  sufficient  time  to  permit 

52I~bid.,  8-1-28;   5-15-35.     Heavy  penalties  were  imposed  upon  those  who 
offered   insecure   financial   guarantees    (Ibid.,    5-15-33    to    36). 
53About  55  pesos. 


274  The  Southwestern  Historical  Quarterly 

the  record  of  the  entire  case  to  be  committed  to  writing.  If,  on 
reviewing  the  case,  the  audiencia  found  that  the  defendant  was 
guilty  of  the  charges  brought  against  him>  the  money  taken 
as  a  fine  or  on  deposit  was  restored.  If  the  amount  of  the  fine 
exceeded  two  hundred  ducats,  or  if  the  defendant  were  convicted 
of  serious  crimes,  the  judge  was  authorized  to  take  the  proper  and 
necessary  steps  for  the  detention  of  the  prisoner  and  the  seizure 
of  his  property,  pending  a  new  trial  in  a  higher  tribunal.54  Cases 
involving  more  than  one  thousand  pesos  could  be  carried  to  the 
Council  of  the  Indies. 

A  thoroughly  typical  case,  illustrating  all  of  the  steps  in  the 
residencia  of  a  provincial  official,  was  that  of  Francisco  Fernandez 
Zendera,  alcalde  mayor  and  military  captain  of  the  province  of 
Ilocos.55  It  was  investigated  first  by  a  judge  appointed  by  the 
acuerdo  of  the  audiencia;  it  was  reviewed  by  the  audiencia,  and 
it  was  finally  carried  to  the  Council  of  the  Indies.  It  was  char- 
acteristic in  another  sense:  namely,  that  twelve  'years  transpired 
before  the  matter  was  settled. 

After  Zendera  had  occupied  his  post  three  years,  complaints 
against  him  were  brought  to  the  attention  of  the  fiscal.  The  lat- 
ter, in  his  capacity  as  prosecuting  official  and  as  protector  of  the 
Indians,  made  a  motion  before  the  audiencia  in  acuerdo  that  a 
judge  of  residencia  be  sent  to  conduct  an  investigation  of  Zen- 
dera's  official  conduct.  The  following  complaints  against  the  lat- 
ter had  been  sent  to  the  governor  and  on  the  basis  of  these  the 
fiscal,  governor  and  audiencia  decided  to  conduct  the  investiga- 
tion. First,  Zendera  had  compelled  the  natives  to  work  for  him 
on  his  own  estates,  building  houses,  granaries,  fences,  bridges,  till- 
ing the  soil  and  planting  and  harvesting  crops,  —  a  species  of 
slavery.  From  two  to  three  hundred  men  had  worked  for  him 
continually,  without  pay  or  food.  Second,  the  arbitrary  methods 
of  this  alcalde  mayor  left  the  natives  without  money  with  which 
to  buy  their  food  or  to  pay  their  tribute.  Third,  not  only  were 
the  men  forced  to  labor,  but  the  native  women  were  obliged  to 


id.,  ley  39;  2-16-46. 
55Expediente  de  Don  Frco.  Fernandez  Zendera,  alcalde  mayor  y  capitan 
de  guerra  de  la  provincia  de  Ilocos,  su  residencia  pendiente  de 

informe  de  la  audiencia,  1794,  A.  /.,  106-5-4  and  5.     The  papers  relating 
to  this  trial  easily  aggregate  4000  pages. 


The  Residencia  in  the  Spanish  Colonies  275 

sew,  spin  and  embroider  without  pay  and  the  product  of  their 
labor  was  confiscated  by  the  alcalde  mayor. 

The  audiencia  and  the  governor,  having  taken  note  of  these 
charges  as  prescribed  by  law,  commissioned  Angel  Moguel,  chief 
secretary  of  government,  to  conduct  the  residencia  of  the  alcalde. 
Moguel  was  put  in  possession  of  the  necessary  documents  and 
departed  at  once  for  Vigan,  the  chief  city  of  the  province.  On  No- 
vember 7,  1782,  he  posted  notices  to  the  effect  that  Zendera's  resi- 
dencia was  to  be  taken,  calling  on  the  residents  to  make  formal 
charges  against  him.  Moguel  suspended  Zendera  from'  office  and 
accepted  20,000  pesos  from  two  of  his  friends  as  bonds  to  cover 
the  residencia,  this  sum  offsetting  the  valuation  of  the  properties 
for  which  Zendera  was  responsible.  These  were  additional  to  other 
bonds  which  Zendera  had  posted  on  his  accession  to  office. 

For  some  unassigned  reason,  probably  because  of  the  lateness  of 
MoguePs  arrival,  only  twenty- five  days  were  allowed  for  the  filing 
of  complaints,  but  during  this  time  eighty-eight  charges  were 
made,  most  of  which  were  variations  of  those  mentioned  above 
but  differing  in  their  official  character  in  that  they  formed  a  part 
of  the  residencia  itself.  Zendera,  was  said  to  have  been  uncom- 
promising in  his  administration  of  justice;  he  had  imposed  ex- 
cessive fines;  he  had  imprisoned  the  natives  without  giving  them 
opportunities  for  defense;  he  had  refused  to  allow  them  to  appeal 
their  cases.56  Not  being  a  lawyer,  he  had  lacked  sufficient  quali- 
fications for  the  proper  conduct  of  trials,  and  he  had  refused  to 
employ  a  trained  legal  assistant  (teniente-asesor) .  He  had  failed 
to  supervise  or  enforce  the  instruction  of  Spanish  and  he  had 
done  nothing  to  assist  in  the  education  of  the  natives,  as  he  was 
required  by  law  to  do.  Zendera  was  charged  with  having  sup- 
pressed all  commerce  except  his  own,  going  so  far  as  to  arrest 
merchants  of  other  provinces  who  had  come  to  Ilocos  to  trade. 

56It  was  said  that  he  had  shown  favoritism  in  his  dealings  with  some 
of  the  barangay  chiefs,  allowing  them  unbridled  license  in  the  collection 
of  tribute  and  in  the  enforcement  of  compulsory  labor,  most  of  which  they 
utilized  for  their  own  or  for  his  benefit.  One  chief  was  said  to  have  gone 
so  far  as  forcibly  to  take  carabaos  from  the  natives  when  the  latter  were 
working  them  in  the  fields.  Ze"ndera  had,  of  course,  extended  favors  to 
these  barangay  chiefs  in  exchange  for  reciprocal  advantages'.  (The  alcaldes 
may  ores  ruled  the  native  population  through  these  chiefs  at  this  time. 
They  also  utilized  the  gobernadorcillos,  native  or  mestizo  governors  of  the 
small  towns.) 


276  The  Southwestern  Historical  Quarterly 

This  he  had  done  in  order  to  secure  his  own.  monopoly  in  com- 
mercial matters  within  the  province.  He  had,  moreover,  sup- 
pressed the  trade  of  the  neighboring  tribe,  the  Igorrotes,  with  the 
Ilocanos.  He  had  failed  to  segregate  the  men  from  the  women 
in  the  provincial  prison.  It  was  said  that  he  had  neglected  to 
publish  the  governor's  edicts  (bandog)  from  Manila,  He  had 
shown  partiality  to  Spanish  priests  in  preference  to  the  native 
clergy.  He  was  charged  with  having  taken  rice  as  tribute  at  a 
low  price,  turned  it  over  to  the  treasury  officials  at  a  high  rate, 
thereby  having  made  great  profits  for  himself. 

Zendera  was  found  guilty  of  almost  every  charge  made  against 
him.  The  sentence  of  residencia  was  pronounced  by  the  judge 
commissioned  for  the  purpose  on  August  13,  1782.  The  defend- 
ant was  fined  8,000  pesos  and  sentenced  to  deprivation  of  offitee 
for  a  period  of  five  years.  The  audiencia,  in  turn,  reviewed  the 
case  and  that  tribunal,  on  May  20,  1783,  ordered  Moguel  back  to 
Vigan  for  a  second  time  to  complete  the  investigation.  The 
judgment  of  residencia  after  this  second  investigation  was  the 
same  as  before,  and  the  case  was  carried  to  the  Council  of  the  In- 
dies on  November  7,  1785.  It  seems  that  the  audiencia  had  been 
slow  in  granting  the  appeal,  for  on  February  19,  1788,  a  cedula 
ordered  the  audiencia  to  forward  all  autos  in  its  possession  bear- 
ing on  the  case.  The  final  judgment  of  the  Council  of  the  Indies 
was  rendered  March  23,  1794.  The  fine  of  8,000  pesos  was  re- 
duced to  3,000  and  the  sentence  to  deprivation  of  office  was  re- 
mitted altogether.57 

The  cedula  of  August  24,  1799,  already  referred  to,  greatly 
altered  the  applicability  of  the  residencia  of  provincial  officials. 
Its  greatest  importance  consisted  of  the  fact  that  it  authorized 
investigations  only  when  charges  were  made,  otherwise  it  was  as- 
sumed that  the  conduct  of  officials  had  been  satisfactory,  and 
accordingly  no  residencia  was  held.  Before  officials  were  trans- 
ferred to  other  posts  they  were  obliged  to  show  certificates  of 
clearance  from  former  positions.  The  audiencia  was  given  final 

"The  original  sentence  probably  denied  to  Z6ndera  the  privilege  of  hold- 
ing the  office  of  alcalde  mayor  only,  since  he  occupied  the  post  of  regidor 
of  the  city  of  Manila  pending  the  appeal  of  his  case  to  the  Council  of  the 
Indies.  It  is  evident,  therefore,  that  the  sentence  which  was  pronounced 
upon  Z6ndera  did  not  apply  to  all  positions  of  honor  and  trust. 


The  Eesidencia  in  the  Spanish  Colonies  277 

jurisdiction  over  the  residencies  of  corregidores,  alcaldes  may  ores 
and  subdelegate  intendants,  with  inhibition  of  appeal.  At  the 
same  time  the  tribunal  was  denied  jurisdiction  in  any  instance 
over  the  residencias  of  viceroys,  superintendents,  captains-general, 
presidents,  governors,  treasury  officials,  oidores  and  intendants.58 
After  the  suppression  of  the  Council  of  the  Indies  on  March  24, 
1834,  the  latter  cases  were  finished  in  the  Supreme  Tribunal  of 
Justice,  and  that  tribunal  continued  to  exercise  this  jurisdiction 
until  the  close  of  the  nineteenth  century.59 

The  cedula  referred  to  above  abolished  the  residencias  of  teni- 
entes-letrados  (asesores),  alcaldes  ordinaries,  regidores,  clerks, 
procurators,  sindics,  alguaciles  and  other  minor  officials.  In 
place  of  the  formal  investigation  and  judgment  after  the  term  of 
office  was  completed,  the  audiencia  was  given  greater  control  over 
their  official  acts,  with  the  duty  of  seeing  that  justice  was  admin- 
istered, jails  inspected  and  kept  clean,  prisoners  given  a  speedy 
trial  and  not  molested  with  undue  exactions.  The  tribunal  was 
also  empowered  to  see  that  the  municipalities  conducted  their  elec- 
tions impartially,  and  that  the  municipal  officials,  including  the 
police,  executed  their  duties  faithfully.  In  this,  the  formal  inves- 
tigation at  the  close  of  the  terms  of  these  minor  officials  was  re- 
placed by  a  more  efficient  supervision  by  the  audiencia,  which  was 
calculated  to  act  as  a  preventive  of  the  ills  which  had  formerly 
been  avenged,  too  late,  by  the  residencia.  The  constitutional  re- 
forms of  the  nineteenth  century  gave  to  the  audiencia  original 
jurisdiction  over  the  trial  of  judges  of  first  instance  with  appeal  to 
the  Supreme  Tribunal  of  Justice.  This  regulation  was  abolished 
in  1815,  but  was  restored  in  1835,  after  which  date  this  authority 
remained  to  the  audiencia. 

Although  the  reform  of  August  24,  1799,  recognized  the  resi- 
dencias of  alcaldes  mayores,  tenientes  and  corregidores,  merely 
transferring  jurisdiction  over  these  to  the  audiencias,  it  would 
seem  that  this  investigation  retained  less  of  its  former  severity 
from  this  time  onwards.  In  fact,  some  authorities  infer  that  the 

™Cedula  of  August  24,  1799,  Recopilacion,  5-15,  notes  4  and  5;  see  also 
San  Pedro,  Legislation  Ultramarina,  I,  282. 

50Escriche,  Diccionario,  I,  578;  see  also  Royal  Order  of  November  20, 
1841,  and  of  January  18,  1848,  San  Pedro,  Legislacidn  Ultramarina,  I,  280 
et  sea. 


278  The  Southwestern  Historical  Quarterly 

residencia  was  abolished  after  1799.60  This  was  not  the  case, 
however,  as  the  residencia  was  recognized  by  laws  as  late  as 
1870.61 

The  residencia  was  essentially  a  Spanish  institution.  Its  prin- 
ciples were  inherited  from  the  Romans.  It  was  adapted  through 
three  hundred  years  to  the  needs  of  a  vast  colonial  empire.  It 
cannot  be  said  that  it  was  a  success.  Its  purpose  was  to  deter 
government  officials  from  abuses  rather  than  to  inculcate  a  sincere 
desire  on  their  part  to  fulfill  the  duties  of  their  offices  conscien- 
tiously and  justly.  The  necessity  for  the  residencia  would  have 
been  eliminated  by  a  more  careful  selection  of  men  for  offices. 
The  residencia  was  the  culmination  of  a  period  of  service  in  an 
office  which  had  been  purchased,  usually,  and  which  was  not  re- 
garded as  an  opportunity  for  service  but  as  a  means  of  yielding  the 
greatest  possible  profit  to  its  holder.  Aside  from  the  obvious  de- 
fects of  such  a  system,  the  residencia  came  too  late  in  the  period 
of  service,  held  as  it  was  at  the  end  of  the  term.  It  sought  to 
punish  offenders  and  correct  evils  rather  than  to  prevent  them. 
This  was  the  most  serious  fault  of  the  residencia. 

a°Alcubilla  (Diccionario,  XI,  477)  and  Escriche  (Diccionario,  II,  819) 
state  that  the  cedula  of  August  24,  1799,  abolished  the  residencia.  The 
last  mentioned  authority  states  that  the  residencia  had  proved  to  be  a 
grave  infliction  on  the  towns;  the  judges  had  mistreated  witnesses  and 
defendants  on  many  occasions,  and  it  was  thought  advisable  to  discontinue 
the  practice  of  holding  these  investigations.  On  the  other  hand,  Escriche 
quotes  extracts  from  the  laws  of  August  24,  1799,  September  26,  1835,  and 
November  20,  1841,  wherein  were  provided  regulations  for  the  future  con- 
tinuance of  the  residencia. 

01See  cedulas  of  July  7,  1860,  San  Pedro,  Legislacidn  Ultramarina,  III, 
286;  Royal  Order  of  July  25,  1865,  Ibid.,  X,  99;  Royal  Order  of  October 
25,  1870,  Coleccidn  Legislativa,  CV,  442-465. 


Confederate  Trans-Mississippi  Department,  1863-1865     279 


THE  POWERS  OF  THE  COMMANDER  OF  THE  CONFED- 
ERATE TRANS-MISSISSIPPI  DEPARTMENT, 
1863-1865 

FLORENCE  ELIZABETH  HOLLADAT 

1.     The  Organization  of  the  Trans-Mississippi  Department 

During  the  last  two  years  of  the  war  of  secession,  the  situation 
in  that  part  of  the  Confederacy  which  lay  west  of  the  Mississippi 
was  without  a  parallel  in  the  history  of  modern  warfare.  A  vast 
territory,  thinly  populated,  undeveloped,  practically  without  rail- 
roads, cut  off  from  its  principal  source  of  military  supplies,  hav- 
ing but  precarious  and  infrequent  communication  with  the  gen- 
eral government  to  which  it  must  look  for  direction  in  the  des- 
perate struggle  for  independence,  it  was  thrust  back  upon  its  own 
resources  and  forced  to  acquiesce  in  a  governmental  arrangement 
of  an  unusual  design.  By  common  consent,  under  pressure  of 
necessity,  a  military  chieftain  assumed  the  functions,  in  large 
part,  of  the  president  and  cabinet  and  attempted  to  carry  on 
the  government  under  constitutional  forms  without  resort  to  mar- 
tial law.  The  conditions  which  brought  about  this  extraordinary 
situation,  the  problems  which  beset  the  head  of  this  government, 
the  functions  which  he  assumed  and  exercised,  and  the  relations 
which  he  sustained  to  the  local  civil  governments  and  to  the  dis- 
tant and  all  but  inaccessible  government  at  Richmond,  constitute 
an  important  but  hitherto  neglected  part  of  the  history  of  the 
Confederacy. 

Though  the  Confederate  government  was  organized  quickly,  it 
was  hardly  in  operation  before  the  war  was  in  actual  progress. 
Among  the  many  questions  which  pressed  upon  the  Executive  and 
Congress  was  that  of  the  organization  of  military  departments. 
At  first  the  territory  west  of  the  Mississippi  was  divided  into 
several  departments;  then  it  became  a  district,  the  Trans-Mis- 
sissippi, of  the  Western  Department.1  This  district  was  too  large 

^Official  Records,  War  of  Rebellion,  Series  I,  Vol.  VII,  826.  Hereafter 
in  this  paper  these  Records  will  be  referred  to  as  Off.  Recs.,  and  when 
Series  I  is  cited,  no  series  number  will  be  indicated.  The  volumes  will 
be  referred  to  in  large  Roman,  the  parts  in  small  Roman,  and  the  pages 
in  Arabic. 


280  The  Southwestern  Historical  Quarterly 

for  effective  administration,  however,  and  in  May  1862,  it  was 
erected  into  the  Trans-Mississippi  Department,  which  was  com- 
posed of  the  districts  of  Arkansas  and  Texas.  The  Arkansas  dis- 
trict, which  included  Arkansas,  Missouri,  and  that  part  of  Louis- 
iana lying  north  of  the  Eed  River,  was  placed  under  the  command 
of  Major  General  T.  C.  Hindman;  while  the  Texas  district,  con- 
sisting of  Texas  and  the  remainder  of  Louisiana  west  of  the 
Mississippi  River,  was  assigned  to  Major  General  P.  0.  Hebert.2 
There  was  strong  objection  in  Louisiana  to  this  arrangement  since 
it  divided  the  state  between  two  districts  and  gave  it  adequate 
protection  in  neither.  The  protests  which  were  made  to  the 
President  by  state  officials3  and  the  steady  advance  of  the  Federals 
on  the  Mississippi  probably  led  to  the  next  change.  In  July 
Major  General  T.  H.  Holmes  was  sent  to  command  the  Trans- 
Mississippi  Department.  He  made  Louisiana  a  separate  district 
and  assigned  Major  General  Richard  Taylor  to  command  it.  The 
Indian  Territory  was  added  to  the  Arkansas  District  and  Arizona 
and  New  Mexico  to  that  of  Texas.4 

During  the  first  two  years  of  the  war,  Galveston  and  minor 
posts  in  Texas  had  been  captured  and  retaken;  New  Orleans  and 
much  of  the  coast  country  in  Louisiana  had  been  seized;  Missouri 
had  been  overrun;  and  the  Confederate  forces  in  Arkansas  had 
lost  control  of  the  Mississippi  and  had  been  driven  south  of  the 
White  River.  The  greater  part  of  this  department  had  been  un- 
touched by  invasion,  but  the  continued  advance  of  the  Federals 
on  the  Mississippi  threatened  the  separation  of  the  west  from 
the  east.  These  disasters  aroused  the  people  everywhere.  In  the 
west  especially  the  feeling  became  intense.  Soon  after  the  fall 
of  New  Orleans,  leading  men  began  to  urge  the  officials  at  Rich- 
mond to  make  arrangements  by  which  this  department  could  be 
maintained  and  protected  if  the  river  should  be  lost.  Guy  M. 
Bryan  of  Texas,  May  2,  1862,  urged  upon  the  congressmen  from 
his  state  that  the  government  send  representatives  of  the  war  and 
treasury  departments  west  of  the  Mississippi.  Governor  Moore  of 
Louisiana,  two  days  later,  telegraphed  the  President  that  if  the 

'General  Orders  No.  39,  War.  Dept.,  May  26,  1862,  Off.  Recs.,  IX,  713; 
General   Orders  No.   1,    [Hubert]    June   18,   1862,  ibid.,   719. 
"Moore  to  Randolph,   July  25,   1862,  Off.  Recs.,  LIII,   819. 
'General  Orders  No.  5,  August  20,  1862,  ibid.,  IX,  731. 


Confederate  Trans-Mississippi  Department,  1863-1865     28$ 


river  should  be  lost  the  military  operations  west  of  the 
would  have  to  be  independent  of  those  east  of  it  and  th&i! 
general  in  the  west  must  be  invested  with  plenary  powers.6     In 
some  parishes  and  counties  of  Louisiana  and  Arkansas  a  con8i- 
tion  little  short  of  anarchy  prevailed.     By  the  fall  of  ISG^'s'omte1 
parts  of  both  Texas  and  Arkansas  had  been  illegally  placed  unoW 
martial  law.     The  organization  of  the  department  was^ltiose'  :J2tn9' 
ineffective.     The  Arkansas  delegation  in  Congress  sent  a  meirforial1 
to  the  President  asking  that  abuses  in  that  state  be!  ' 
that   General   E.   Kirby   Smith  be   sent  to  command  the 
Mississippi   Department.     One   after  another  these   reports11  cj>ile'<i0 
up  evidence  of  the  demoralization  in  these  states.     Actuated1  'Wj^ 
these  demands,  by  apprehensions  of  the  loss  of  the  river,  aritT'Bf1 
the  necessity  of  strengthening  the   military   organization  of  .the 
department,  the  President,  February  9,  1863,  gave  orders  for  the"1 
unification  of  the  department  and  assigned  E.  Kirby  Smith  to 
its  command.6  &9i    'im.>  rhi  M;>|) 

General  Smith  assumed  command  of  the  department,  March  7, 
1863,   and  after  a  short  time,  made   Shreveport,"Iix)uisiiaiia,')ihis7/ 
headquarters.     For  a  time  he  continued  the  districts  as 
been  organized  —  Major  General  Kichard  Taylor  in  commaM 
Louisiana,  Major  General  Magruder  in  Texas,  and  Major 
Holmes  in  command  of  the  district  of  Arkansas.7     A  vigoroW1 
policy  was  attempted.    Strenuous  efforts  were  made  to  change 
troops  into  an  efficient  army,  to  consolidate  or  distribute  the 

•Off-  Recs.,  LIII,  804,   805. 

•General   Orders  No,    1,  March1  7,   1863,   Off.  Recs.,  XXII,  ii,  WJWJ 
also  Davis  to  Holmes,  February  26,  1862,  idem,  LIII,  849-&50,-  and  D,avis 
to  Garland,  March  28,  ibid.,  861-863. 

Edmund  Kirby  Smith,  a  native  of  Florida,  was  e^catek  at  West  Point1 


and  in  1845,  was  assigned  to,  the  infantry.  He  fought  under  General 
Scott  in  the  Mexican  War  'and  ;was  promoted  to  the  rank  of  First  Lieu- 
tenant, then  to  that  of  Captain.  After  the  war  he  taught  mathematics  ' 
at  West  Point  till  1852.  when  he  was  sent  against  the  Indians  on  the 
Texas  frontier.  When  Florida  seceded,  he  resigned  his  commission  in 
the  United  States  army  and  entered  the  Confederate  service  as  lieuten- 
ant-colonel. During  the  first  two  years  of  the  war,  he  was  promoted 
step  by  step  to  the  rank  of  lieutenant  general,  and  in  1864,  he  attained 
the  rank  of  general.  Diking  the  last  two  years  of  the  Avar  his  life  was 
closely  interwoven  with  the  history  of  the  Trans-Mississippi.  At  his 
death  in  1893  he  was  '^ofes&Or  6$  mathematics  in  the  TJniA^ersity  of  the 
South,  at  Sewanee,  Tennessee. 

7Major  General  Magrufler  ha^Vc\3edefr%a;foT 
fall  of  1862.     Off.  Recs.,  XV,  826,  880:   XXIII,  ii,  803. 


282  The  Southwestern  Historical  Quarterly 

at  hand  for  the  best  results  to  the  service,  to  instill  confidence 
into  the  troops,  to  secure  the  support  of  the  people,  and  to  initiate 
a:  policy  that  would  make  the  department  self-sustaining.8 

The  government,  busy  with  its  organization,  its  many  perplex- 
ing problems,  and  the  fiercer  struggle  raging  nearer  Eichmond, 
had  failed  to  provide  for  this  remote  department.  When  at  last, 
in  the  spring  of  1863,  it  realized  the  disastrous  consequences  of 
this  short-sighted  policy  and  attempted  to  avoid  the  embarrass- 
ments which  the  previous  neglect  had  already  brought  about,  it 
was  really  too  late,  for  the  commanding  general  was  never  able  to 
overcome  the  handicap  nor  to  avoid  the  injuries  which  resulted 
from  this  earlier  inattention  to  the  affairs  of  the  Trans-Mississippi 
region.  ,  ^  v, 

£.     The  Commander  and  the  State  Authorities;  the  Marshall  Con- 
3>oo        , 

ference. 


OJ    [fjjmd    7GTU1    .,r!     ; 

General  Smith  early  realized  that  the  isolation  of  his  depart- 
ment and  the  unusual  responsibilities  which  devolved  upon  him 
wo;uld  force  hipi.tocagsunle  functions  not  ordinarily  exercised  by 
military  officers;  wnjdefc  a  constitutional  government.  Shortly  after 
the  fall.  of  Vicksburg  jfoeTwiirQtef-to  the  war  office  at  Eichmond: 

"Without)  \$j$  assumption  of  extraordinary  powers,  my  useful- 
ness as  department  commander  will  be  lost.  If  possible,  instruc- 
tions and  ordeTSjtftjmeai  this  !  emergency  should  be  sent  by  special 
messengers,  urrdk^if)  I  feel  I  shall  .  now  be  compelled  to  assume 
great  responsibilities,  and  exercise  powers  with  which  I  am  not 
legally  invested.  .  .  .  I  :  entreat  him  [the  President]  to  send 
heads  of  departments  west  of  the  Mississippi,  with  extraordinary 
powers  for  the  organiza^n^,  a  government."9 

«Seddon  to  Da.vis    (annual  report)   November  26,  1863,  Off.  Recs.,  Series 

The  Trans-Mississippi  Department  included  an  area  of  approximately 
735,000  square  miles.  Its  population,  exclusive  of  Indians,  was,  in  I860. 
about  2,728.870.  The  white  male  population  of  military  age,  from  18 
to  45  inclusive,  was,  exclusive  of  those  in  the  territories,  approximately 
500.  (This  area  is  computed  from  Redway  and  Hindman's  Natural 
Geography.  The  population  is  taken  from  the  United  States  Census  Re- 
port for  1860,  but  the  division  of  the  state  of  Louisiana  and  the  failure 
of  some  counties  to  report  the  census  at  that  time  make  it  impossible 
to  get  very  accurate  figures.) 

•Smith  to  Cooper,  July  28,  1863.     Off.  Recs.,  XXII,  ii,  949. 


Confederate  Trans-Mississippi  Department,  1863-1865     283 

Despite  these  and  other  urgent  messages,  the  Federals  were  in 
full  control  of  the  Mississippi  before  any  response  came  from 
'iehmond.  By  this  time  the  people  in  the  west  were  in  the 
?pths  of  despondency  and  mutterings  against  the  government 
were  heard  from  disaffected  spirits.  There  were  rumors  that  the 
states  of  this  department  would  secede  from  the  Confederacy. 
General  Smith,  realizing  the  danger  in  this  crisis  and  fearing  that 
this  spirit  of  despondency  and  hopelessness  might  lead  to  measures 
harmful  to  the  department  and  to  the  Confederacy,  had  sent  a 
circular  letter,  July  13,  to  the  governors  of  the  four  states  of  his 
department  asking  them,  with  the  judges  of  their  Supreme  Courts, 
to  meet  him  in  a  conference  at  Marshall,  Texas,  August  15,  1863. 
His  purpose,  as  he  stated  it,  was  to  acknowledge  the  civil  govern- 
ment supreme  over  the  military;  to  invoke  the  power  of  the  states 
to  aid  him;  to  try  to  make  the  people  feel  that  a  government  re- 
mained to  them  capable  of  administering  to  their  wants  and  neces- 
sities; and  to  secure  the  confidence,  advice,  support,  and  co-oper- 
ation of  the  leading  spirits  and  judicial  minds  of  his  depart- 
ment.10 

Before  time  for  the  conference  to  assemble,  the  commanding 
general's  position  was  greatly  strengthened  by  suggestions  from 
Eichmond  that  he  follow  the  very  policy  he  had  already  entered 
upon.  On  almost  the  same  day  that  General  Smith  had  sent  out 
his  invitations  to  the  conference,  the  President  wrote  advising 
him  to  explain  so  much  of  his  plans  to  the  governors  as  would 
prevent  them  from  misconstrung  his  actions,  and  to  confer  with 
them,  thus  making  them  "valuable  coadjutors  without  surrendering 
any  portion  of  the  control  necessary  for  a  commander  to  retain." 
Secretary  Seddon  also  recommended,  July  14,  that  he  call  to  his 
aid  the  ablest  and  most  influential  men  of  the  country,  and  that 
he  establish  a  civil  and  a  military  government  for  the  department.11 
In  answer  to  the  commander's  call,  a  group  of  prominent  men- 
gathered  in  Marshall,  August  15,  1863.  From  Arkansas,  came 
Robert  W.  Johnson,  who  represented  Governor  Flanagin,  C.  B. 
Mitchell,  and  W.  K.  Patterson;  from  Louisiana,  were  Governor 
Thos.  0.  Moore,  Colonel  T.  C.  Manning,  W.  Merrick,  and  Albert 

W0ff.  Recs.,   XXII,   ii,   935-936. 
"Off.  Recs.,  XXII,  ii,  926,   1004. 


284  The  Southwestern  Historical  Quarterly 

Voorhies;  from  Missouri,  Governor  Thomas  C.  Reynolds;  from 
Texas,  Governor  F.  E.  Lubbock,  W.  S.  Oldham,  Colonel  Pendleton 
Murrah,  and  Guy  M.  Bryan.  These  were  all  men  of  ability  who 
possessed  the  confidence  of  the  people  of  their  respective  states; 
and  there  is  no  doubt  but  that  their  recommendations  had  great 
weight  with  the  authorities  at  Eichmond  in  determining  the  best 
means  of  administering  this  detached  department. 

At  this  first  meeting,  General  Smith  submitted  the  recent  letter 
from  the  Secretary  of  War  and  asked  the  conference  to  consider 
the  following  questions: 

"1st.  The  condition  of  the  states  since  the  fall  of  Vicksburg; 
the  temper  of  the  people;  the  resources  and  ability  of  each  state 
to  contribute  to  the  cause  and  defense  of  the  department,  and  the 
best  means  of  bringing  into  use  the  whole  population  for  the  pro- 
tection of  their  homes. 

"2d.  The  best  means  for  restoring  confidence,  checking  the 
spirit  of  disloyalty,  and  keeping  the  people  steadfast,  in  the  hope 
of  the  ultimate  triumph  of  our  arms. 

"3d.  The  question  of  the  currency,  and  the  best  method  of 
securing  the  cotton  of  this  department  without  causing  opposition 
on  the  part  of  the  people,  and  the  best  method  of  disposing  of 
the  same. 

"4th.  The  extent  of  the  civil  authority  to  be  exercised,  referred 
to  in  the  letter  of  the  Secretary  of  War,  July  14. 

"5th.  Appointment  of  commissioners  to  confer  with  French  and 
Mexican  authorities  in  Mexico. 

"6th.     Arms   and   ordnance  stores."12 

The  conference  was  organized  for  business  August  17,  with  Gov- 
ernor Francis  E.  Lubboek  as  chairman  and  W.  K.  Patterson  as 
secretary.  Committees  were  appointed  to  consider  the  questions 
submitted  by  the  commanding  general.  The  next  morning  the  con- 
ference assembled  to  hear  the  reports  of  its  committees.  Judge 
Merrick  made  the  report  for  the  committee  which  had  under  con- 
sideration the  extent  of  civil  power  to  be  exercised  by  the  com- 
manding general.  The  report,  which  was  unanimously  adopted, 
recommended  that  only  such  powers  should  be  exercised  by  the 
commanding  general  as  were  then  exercised  by  executive  officers 

12The  above  and  all  reports  of  the  conference  are  found  in  Off-  Recs.. 
XXII,  ii.  1004-1009. 


Confederate  Trans-Mississippi  Department,  1863-1865     285 

at  Kichmond,  for,  on  account  of  his  inability  to  communicate  with 
Kichmond,  these  were  absolutely  necessary  in  order  for  him  to 
augment  his  army  and  put  the  department  in  the  best  state  of 
defense;  that  such  powers,  which  had  not  been  granted  by  act 
of  Congress  to  any  general  in  the  army,  were  only  powers  of  ad- 
ministration, and  should  be  exercised  according  to  existing  laws; 
that  nothing  should  be  changed  except  the  agents  by  which  the 
operations  of  the  government  in  this  department  are  carried  on. 
Extreme  caution  on  the  part  of  the  committee  is  shown  by  refer- 
ence to  the  fact  that  no  act  of  Congress  authorized  such  assumption 
of  power  and  that  the  state  governments  still  existed  and  had 
officers  capable  of  exercising  all  power  inherent  in  such  local  units. 
The  members  of  the  committee  made  no  effort  to  define  specifically 
what  functions  were  to  be  assumed,  but  they  were  careful  to 
assert  that  the  civil  power  was  superior  to  the  military. 

The  second  report  was  from  the  committee  to  which  had  been 
referred  the  following  subjects:  the  best  means  of  restoring  con- 
fidence and  of  checking  disloyalty;  the  condition  of  the  states, 
the  temper  of  the  people,  and  the  ability  of  each  state  to  contribute 
to  the  defense  of  the  department;  plans  for  bringing  the  entire 
population  of  military  age  into  service;  and  measures  to  secure 
arms  and  ordnance.  Underlying  the  solution  of  these  questions 
was  that  of  the  military  administration  of  the  department.  The 
report,  which  was  adopted,  declared  that  the  mass  of  the  people 
were  still  loyal  to  the  cause  o'f  the  Confederacy  and  had  full  con- 
fidence in  the  ability  and  integrity  of  the  commanding  general; 
it  included  a  tabulated  statement  of  the  resources  of  the  several 
states;  and  it  showed  that  the  supply  of  arms  and  ammunition 
received  from  the  general  government  had  not  at  any  time  been 
adequate,  that  now  the  loss  of  the  Mississippi  and  the  blockade  of 
the  Gulf  coast  had  cut  off  the  hope  of  receiving  even  a  meager 
supply  from  that  source  and  had  thrown  the  department  entirely 
on  its  own  resources. 

"Beleaguered  as  we  are  by  the  enemy,"  the  report  continued, 
"the  commanding  general  can  neither  transmit  reports  nor  receive 
orders  from  the  capital.  Hence  the  safety  of  our  people  requires 
that  he  assume  at  once  and  exercise  the  discretion,  power,  and 
prerogatives  of  the  President  of  the  Confederate  States  and  his 


286  The  Southwestern  Historical  Quarterly 

subordinates  in  reference  to  all  matters  involving  the  defense  of 
his  department.  The  isolated  condition  and  imminent  peril  of 
this  department  demand  this  policy,  and  will  not  permit  delay; 
and  we  believe  that  all  may  be  done  without  violating  the  spirit 
of  the  constitution  and  laws  of  the  Confederate  States,  and  with- 
out assuming  dictatorial  powers." 

It  was  thus  agreed  that  the  general  should  assume  war  powers 
in  this  department,  for  the  right  to  exercise  the  discretion,  power, 
and  prerogatives  of  the  President  and  his  subordinates  in  the 
defense  of  a  department  in  imminent  peril  could  hardly  be  less 
than  war  powers. 

The  report  of  the  committee  on  the  appointment  of  commission- 
ers to  confer  with  the  French  and  Mexican  authorities  in  Mexico 
was  presented  by  Mr.  Murrah.  This  report,  which  was  also  unani- 
mously adopted,  declared  in  substance  that  an  understanding  be- 
tween the  Confederacy  and  the  different  authorities  in  Mexico  was 
very  essential,  partly  because  of  the  hostile  relations  between  those 
French  and  Mexican  authorities,  but  chiefly  because  of  the  entire 
dependence  of  the  Trans-Mississippi  Department  on  the  ports  of 
Mexico  for  supplies  and  for  communication  abroad.  Such  an 
understanding,  it  was  stated,  could  best  be  reached  by  correspond- 
ence, which  in  the  present  state  of  affairs  could  not  be  conducted 
effectively  through  the  Eichmond  offices;  and  as  the  correspond- 
ence would  pertain  strictly  to  the  interests  and  immediate  needs 
of  this  department,  "the  law,  whenever  the  law  speaks,  and  pro- 
priety, where  the  law  is  silent,  points  out  the  military  commander 
of  the  department  as  the  proper  official"  to  conduct  it.  It  was 
also  suggested  that  an  agent,  intelligent,  well-informed,  one  adapted 
to  inspire  confidence  by  his  knowledge  and  discretion  and  not 
likely  to  be  misled  by  flattery,  be  appointed  and  sent  to  Mexico. 
This  agent,  though  perhaps  not  recognized  by  any  rank  or  title, 
should  have  authority  to  find  out  the  attitude  of  both  governments 
toward  the  Confederacy,  to  see  what  arrangements  each  would 
make  with  regard  to  trade,  to  make  explanations,  to  represent  this 
department  in  matters  of  reciprocal  interests  to  both  parties,  and 
to  adjust  differences  concerning  imports  consigned  to  this  de- 
partment. 

This  is  the  first  reference  to  and,  as  far  as.  is  known,  the  only 
authority  for  the  assumption  of  this  diplomatic  or  quasi-diplo- 


Confederate  Trans-Mississippi  Department,  1863-1865     287 

matic  function  by  the  commanding  general.  Of  course  these  state 
officials  had  no  constitutional  authority  to  confer  such  power  on 
any  person;  and  it  seems  that  no  recognition  of  it  was  ever  made 
by  Confederate  officials.  However,  negotiations  through  Richmond 
would  be  impracticable;  and  the  situation  in  the  department  re- 
quired a  representative  who  understood  not  only  the  vital  needs 
of  the  department  but  also  border  and  trade  conditions  and  who 
could  report  to  and  receive  instructions  from  the  head  of  the 
department. 

Since  money  is  the  barometer  not  only  of  issues  but  of  nations, 
it  was  appropriate  that  the  report  dealing  with  currency  and  the 
best  means  of  securing  the  cotton  of  the  department,  be  made  very 
exhaustive.  Senator  W.  S.  Oldham,  chairman  of  the  committee, 
read  the  report  which  is  summarized  briefly  here.  It  stated  that 
cotton  was  the  only  safe  and  reliable  means  of  supporting  and 
defending  the  department;  that  the  impressment  acts  gave  author- 
ity for  the  use  of  cotton  for  military  necessity;  but,  since  it  was 
impossible  to  secure  treasury  notes  to  buy  the  cotton  and  since 
to  pay  for  it  with  them  would  increase  the  number  of  such  notes 
in  circulation  and  thereby  tend  to  depreciate  the  currency  still 
more,  the  committee  proposed: 

"That  certificates  be  executed  and  delivered  to  the  owners  of 
the  cotton  purchased,  pledging  the  Government  for  the  payment  of 
the  price  agreed  upon  in  6  per  cent  coupon  bonds,  the  interest 
to  be  paid  semi-annually  from  the  date  of  the  certificate  in 
specie.  .  .  " 

The  interest  for  the  first  two  years  was  to  be  paid  from  the 
proceeds  of  the  cotton,  but  after  that  time  it  was  expected  that 
the  government  would  pay  it.  General  Smith  was  advised  to  take 
charge  of  all  cotton  in  the  department,  except  such  as  he  should 
decide  would  be  needed  for  the  welfare  of  the  people.  This,  it 
was  believed,  would  take  the  cotton  trade  out  of  the  hands  of 
speculators  and  thereby  prevent  the  further  accumulaton  and 
therefore  the  further  depreciation  of  the  Confederate  notes  in 
the  department.  As  to  the  currency,  it  was  suggested  that,  since 
money  could  not  be  obtained  from  Richmond,  the  commander,  in 
the  exercise  of  the  special  powers  conferred  upon  him  by  the 
President,  cause  the  Confederate  notes  not  bearing  interest,  which 
had  been  funded  with  the  various  depositories  within  the  depart- 


288  The  Southwestern  Historical  Quarterly 

ment,  to  be  re-issued  and  used  for  the  support  of  the  army.  It 
was  considered  that  the  government  would  accept  these  notes  for 
bonds  of  the  same  rate  of  interest  as  the  new  issue.  This  report 
was  unanimously  adopted  except  the  clause  which  recommended 
the  issuance  of  the  specie  payment  coupon  bonds.  On  this  the 
vote  was  a.  tie,  but  the  records  do  not  indicate  who  opposed  it. 

After  all  reports  had  been  made,  a  resolution  was  passed  voicing 
the  confidence  of  the  members  of  the  conference  in  the  skill,  abil- 
ity, and  personal  integrity  of  General  Smith  and  of  his  regard 
for  law.  The  general  then  expressed  his  gratification  for  the  work 
accomplished,  and  the  conference  adjourned. 

For  the  double  purpose  of  stimulating  popular  zeal  and  of  rec- 
ognizing and  endorsing  the  commanding  general  and  his  work,  the 
four  governors,  R.  W.  Johnson  acting  for  Governor  Flanagin  again, 
prepared  and  published  an  address  to  the  people  of  the  department. 
Its  bombastic  tone  and  the  fact  that  the  measures  of  the  confer- 
ence were  so  artfully  and  completely  omitted  indicate  the  terrible 
tension  of  the  people  and  the  serious  apprehensions  of  these  men 
for  the  success  of  the  plans  they  had  devised. 

From  a  legal  point  of  view,  the  work  of  the  conference  had 
no  constitutional  sanction  whatever,  but  at  the  time,  the  command- 
ing general,  the  President,  and  the  secretary  of  war,  as  well  as 
the  state  officials,  considered  it  necessary  and  wise.  If  the  people 
opposed  it,  the  few  newspapers  available  give  no  evidence  of  criti- 
cism. Its  measures  seem  to  have  been  accepted  generally,  and 
there  can  be  little  doubt  of  its  salutary  effect  in  the  department. 
The  authorities  of  the  four  states  had  not  only  compared  resources 
and  come  to  realize  fully  their  great  needs;  but  they  had  given 
to  the  commander  of  the  department,  who  alone  was  able  to  assume 
the  general  direction  of  affairs,  a  moral  support  without  which  his 
every  effort  would  have  been  futile. 

3.     Powers  Delegated  by  the  Confederate  Executive 

The  Richmond  officials  appreciated  at  once  the  difficulties  of 
both  civil  and  miltary  administration  which  the  fall  of  Vicks- 
burg  and  Port  Hudson  had  placed  upon  the  conduct  of  the  govern- 
ment west  of  the  great  river.  Two  weeks  before  General  Smith 
had  sought  from  them  official  sanction  for  his  plans  or  instruc- 
tions as  to  what  other  course  he  should  pursue,  both  the  President 


Confederate  Trans-Mississippi  Department,  1863-1865     289 

and  the  Secretary  of  War,  as  we  have  already  seen,  had  written 
him  on  the  same  subject.  The  President's  letter  touched  on  every 
phase  of  the  military  service  in  the  department — the  probability 
of  invasion  by  the  enemy,  the  operations  that  would  be  most  pos- 
sible,, the  agricultural  resources,,  the  mineral  wealth.,  and  the  efforts 
that  had  been  made  to  establish  factories  and  mills  in  the  depart- 
ment,— but  in  no  way  did  he  intimate  that  the  commander  should 
extend  his  authority  over  civil  affairs  and  he  referred  to  the  anom- 
alous conditions  west  of  the  Mississippi  only  in  general  terms: 
"By  the  fall  of  our  two  fortified  places  on  the  Mississippi  .  .  ., 
your  department  is  placed  in  a  new  relation,  and  your  difficulties 
must  be  materially  enhanced.  You  now  have  not  merely  a  mili- 
tary, but  also  a  political  problem  involved  in  your  command."13 

Secretary  Seddon's  letter  of  the  same  date  has  not  been  pre- 
served, but  from  references  to  it,  its  tenor  is  easily  inferred.  The 
general  was  told  that  he  would  have  to  assume  large  military 
powers,  "to  exercise  powers  of  civil  administration,"  and  that  he 
would  have  to  form  a  civil  and  military  government.  It  seems, 
however,  that  Seddon  gave  no  definite  instructions  and  merely  sug- 
gested that  the  military  administration  be  carried  on  by  means  of 
bureaus  corresponding  to  those  of  the  war  department  in  Eich- 
mond.  It  was  this  letter,  later  referred  to  by  Seddon  as  unofficial, 
which  Smith  had  laid  before  his  conferees  at  Marshall  on  August 
15.  Shortly  afterwards.  August  3,  and  before  Smith's  letter  of 
July  28th  could  have  been  received,  the  secretary  wrote  that  it 
would  be  impossible  to  give  special  instructions  at  such  a  distance, 
and  that  what  measures  should  be  adopted  must  be  left  largely 
to  the  commander's  discretion,  but  suggested  that  Smith  put  him- 
self in  touch  with  the  governors  of  the  Trans-Mississippi  states  in 
order  to  maintain  a  cordial  understanding  and  co-operation  in 
carrying  out  his  plans,  and  that  he  further  seek  the  advice  and 
influence  of  leading  citizens  throughout  his  department — the  very 
things  that  Smith  had  already  undertaken  to  do.14 

The  advice  of  Davis  and   Seddon  lacked  much  in  definiteness 

lsOff .  Recs.,  XXII,  ii.  925-927. 

Although  the  context  is  not  clear,  it  is  probable  that  Davis  had  in 
mind  chiefly  the  necessity  of  removing  the  causes  of  dissatisfaction  in 
Arkansas  and  of  composing  possible  state  jealousies. 

"Seddon  to  Smith,  August  3,  1863.     Of.  Recs.,  XXII,  ii,  952-953. 


290  The  South-western  Historical  Quarterly 

with  respect  to  the  most  delicate  problems  which  confronted  Gen- 
eral Smith.  But  they  must  have  found  it  difficult  to  know  what 
to  say.  This  vast  Trans-Mississippi  department,  comprising  prac- 
tically half  of  the  country,  was  cut  off  from  its  government  and 
its  chief  source  of  military  supplies.  It  was  impossible  for  the 
civil  officers  of  the  general  government  at  Richmond  to  continue 
to  direct  affairs  in  that  remote  region;  but  there  seemed  to  be  no 
constitutional  way  by  which  important  political  functions  could 
be  entrusted  to  a  military  officer,  even  though  the  logic  of  the 
situation  required  that  he  who  was  responsible  for  the  well  being 
of  the  department  should  have  all  powers  necessary  to  maintain 
and  defend  it.  Moreover,  Congress  was  not  in  session,  and  there 
was  no  way  of  determining  to  what  extent  that  body  would  support 
the  delegation  of  special  civil  powers  to  a  military  chieftain.  To 
do  all  that  the  situation  seemed  to  demand  even  with  the  support 
or  the  express  authority  of  Congress,  might  easily  arouse  anew 
the  opposition  of  that  troublesome  faction  who  insisted  upon  a 
strict  adherence  to  the  constitution  regardless  of  other  consider- 
ations. The  consequences  were  problematical,  especially  since 
there  was  believed  to  be  an  element  in  the  Trans-Mississippi  De- 
partment which  was  clamorous  for  separation  from  the  Confed- 
eracy.15 It  was  probably  considered  unwise  either  to  bind  General 
Smith  with  precise  instructions  or  to  confer  upon  him  unreservedly 
authority  over  civil  affairs — if,  in  fact,  so  much  thought  was  given 
the  matter.  If  his  powers  were  vaguely  defined  there  was  less 
likelihood  that  he  would  be  charged  with  exceeding  them.  If  he 
was  to  fulfill  the  expectations  of  the  government  in  making  it 
self-sustaining,  it  would  be  impossible  to  confine  his  powers  within 
the  narrow  limits  of  the  law.  It  is  said  that  the  President  once 
told  General  Smith's  aide,  Major  Cucullu,  whom  the  general  had 
sent  to  him  for  instructions,  that  he  did  not  dare  to  put  on  paper 
the  powers  which  the  general  must  exercise,  because  they  were  so 
great.16  This  statement,  if  accurate,  indicates  that  Davis,  who 
always  sought  to  avoid  the  appearance  of  departing  from  constitu- 
tional methods,  was  inclined  to  winkv  at  the  assumption  of  powers 
which  he  was  unwilling  expressly  to  authorize  Smith  to  assume. 

15Davis  to  Johnson,  July  14,  1863.     Off.  Recs.,  LIU,  879. 
"Major  Cucullu  made  this  statement  to  Dr.  Chas.  W.  Ramsdell  of  the 
University  of  Texas  im  December,   1913,  in  New  Orleans. 


Confederate  Trans-Mississippi  Department,  1863-1865     291 

The  documentary  evidence  points  in  the  other  direction.  When 
the  general's  letter  of  July  28,  requesting  approval  of  his  .assump- 
tion of  extraordinary  powers,  was  laid  before  the  President,  Mr. 
Davis  endorsed  upon  it:  ".  .  .  My  confidence  in  the  discre- 
tion and  ability  of  General  Smith  assures  me  that  I  shall  have 
no  difficulty  in  sustaining  any  assumption  which  may  be  necessary. 
Able  heads  of  departments  should  be  selected  and  large  discretion 
allowed."  But  this  concession,  as  is  evident  from  the  letter  of 
Seddon  which  conveyed  it  to  Smith,  referred  not  to  other  cabinet 
departments,  but  only  to  bureaus  within  the  war  department.17 
If  after  this,  any  hope  lingered  in  the  mind  of  General  Smith  that 
the  President  would  expressly  confer  upon  him  authority  over  the 
subordinates  of  the  executive  departments  other  than  that  of  war,  it 
must  have  been  dispelled  by  the  explicit  declaration  in  a  later  com- 
munication from  Seddon  that  his  previous  suggestion  that  Smith 
should  "exercise  powers  of  civil  administration  .  .  .  only 
meant  such  matters  of  an  administrative  character  as  were  nat- 
urally promotive  of  or  connected  with  military  operations  and 
appropriately  pertained  to  the  executive  functions  of  the  Confed- 
erate Executive.  .  .  .  What  I  had  particularly  in  mind  were 
the  various  administrative  branches  of  service  that  minister  to  the 
supply,  equipment,  and  furnishing  of  arms  in  all  their  branches 
of  service  .  .  .  [These  would  be]  analogous  to  our  bureaus" 
[in  Eichmond].18 

As  a  matter  of  fact,  Smith  had  anticipated  the  suggestions  of 
his  superiors  with  respect  to  these  bureaus.  By  a  series  of  orders 

"Seddon's  language  was:  "Heads  to  any  of  the  branches  of  service 
which  are  needed  from  here  will  be  sent  with  large  powers  as  you  sug- 
gest: but  I  would  recommend  as  a  mode  of  adding  to  your  influence 
and  avoiding  dissatisfaction  and  jealousy,  that  as  far  as  you  have  com- 
petent persons  in  your  department,  you  engage  and  recommend  such  for 
confirmation  by  the  department.  ...  I  shall  await  your  .specific  rec- 
ommendations. ...  of  such  officers  as  are  specially  needed."  August 
30,  1863.  Off.  Recs.,  LIU,  895. 

18Seddon  to  Smith,  October  10,  1863.     Off,  Recs.,  XXII,  ii.  1039. 

Seddon  added  by  way  of  illustration:  "Now,  the  main  offices  of  our 
bureaus  may  be  executed  effectively  by  assigning  or  placing  at  the  head 
of  each  an  existing  military  officer  or  agent  already  appointed  for  your 
department  by  one  of  the  bureaus  here.  A  chief  commissary  may  dis- 
charge the  duties,  with  the  aid  of  appropriate  subordinates,  of  the  Bureau 
of  Subsistence.  A  leading  quartermaster,  a  competent  adjutant,  a  chief 
of  ordnance,  the  agent  appointed  by  the  Niter  and  Mining  Bureau  for 
your  department  may  each,  with  appropriate  assisting  officers,  discharge 
the  duties  of  the  corresponding  bureaus  here."  Hid. 


292  The  Southwestern  Historical  Quarterly 

during  August  and  September,  he  had  established  commissary, 
quartermaster's,  ordnance,  and  medical  bureaus  at  or  near  his 
headquarters  and  had  placed  over  them  officers  from  his  staff. 
All  subordinates  who  under  ordinary  circumstances  would  make 
reports  and  returns  to  the  heads  of  these  bureaus  at  Richmond 
were  directed  to  make  reports  to  these  new  bureau  heads.19  He  had 
even  gone  further  by  the  creation  of  a  "cotton  bureau,"  which 
had  never  been  authorized  anywhere,  either  by  act  of  Congress 
or  by  order  of  the  President.20  He  had  also  asked  that  the  ap- 
pointing power  be  delegated  to  him,  subject  to  the  approval  of 
the  President,  until  communication  should  be  reopened  with  Bich- 
mond.  He  especially  desired  authority  to  issue  invitations  to  ap- 
pear before  medical  boards,  to  appoint  staff  officers  of  new  organi- 
zations, to  accept  resignations,  and  to  fill  all  vacancies.  In  this, 
however,  he  was  trenching  upon  a  constitutional  prerogative  which 
Davis  cherished  with  jealous  care.  The  President  endorsed  upon 
the  request:  'The  power  to  appoint  cannot  be  delegated.  The 
Constitution  confers  it  upon  the  President  only,  by  and  with  the 
consent  of  the  Senate.  Promotions,  elections,  examinations  may 
occur  and  be  acted  on  for  the  time,  officers  may  be  assigned  to 
staff  duty,  and  thus  the  difficulty,  recognized  to  the  full  extent 
described,  may  be  practically  removed.  All  which  can  be  legally 
done  will  be  performed  by  the  Executive  branch  of  the  govern- 
ment to  diminish,  if  it  cannot  remedy,  the  evil."21  The  authority 
to  regulate  medical  boards  and  to  extend  invitations  to  appear 
before  them  had  already  been  accorded.22 

The  failure  of  the  secretary  of  the  treasury  to  make  a  satisfac- 
tory arrangement  for  the  supply  of  funds  in  the  department  had 

!  "See  General  Orders,  Nos.  37  and  41  in  Off.  Recs.,  XXII,  ii,  969,  991, 
and  Smith  to  Davis,  September  11,  1863,  ibid.,  1004. 

""General  Orders,  Nos.  35,  August  3,  1863.  Off.  Recs.,  XXII,  ii,  953. 
See  also  Seddon  to  Davis,  January  23,  1865,  idem,.  LIII,  1039-1040. 
Smith's  delegation  to  the  cotton  bureau  of  general  control  over  the  pur- 
chase and  exportation  of  cotton  on  government  account  resulted  in  vig- 
orous protests  from  Major  Simeon  Hart,  quartermaster,  to  whom  the 
secretary  of  war  had  previously  entrusted  the  same  task.  Seddon,  how- 
ever, refused  to  interfere  and  explained  to  Hart  that  the  whole  matter 
must  rest  in  the  hands  of  General  Smith.  Off.  Recs.,  LIII,  904-905, 
908-909. 

21Smith  to  Seddon,  September  12,  1863,  with  endorsements.  Off.  Recs., 
LIII,  895-896. 

"Seddon  to   Smith,   September  7,   1863.     Off.  Recs.,  XXVI,   ii,  213. 


Confederate  Trans-Mississippi  Department,  1863-1865     293 

greatly  hampered  General  Smith  from  the  first  and  now  caused 
him  acute  anxiety.  No  means  were  in  sight  for  paying  the  troops 
or  for  providing  for  other  needs  of  the  army  during  the  coming 
winter  when  a  campaign  against  the  federal  forces  was  in  prospect. 
After  repeated  appeals  to  Richmond,  in  one  of  which  he  threatened 
to  attempt  to  raise  a  loan  directly  from  the  people,  an  arrangement 
was  made  by  which  he  was  to  be  supplied  with  funds  by  the  re- 
stamping  and  reissuing  of  old  notes  at  the  depositories  within  his 
department.23  Agents  were  appointed  from  Richmond  to  carry 
this  plan  into  effect,  but  Smith  was  given  no  authority  over  them, 
and  they  were  unable  to  afford  adequate  relief. 

The  net  result,  therefore,  of  General  Smith's  request  for  the 
grant  of  larger  powers  by  the  executive  department  was,  first,  an 
extension  of  authority  over  those  bureaus  of  the  war  department 
hitherto  not  usually  under  the  orders  of  commanders  in  the  field, 
but  directly  under  the  secretary  of  war;  and,  second,  the  per- 
mission, grudgingly  given,  to  make  temporary  assignment  of 
officers  to  rank  pending  appointment  and  confirmation  at  Rich- 
mond.  Over  the  operations  of  other  cabinet  departments  no 
authority  was  definitely  granted. 

4.     Powers  Authorized  ~by  the  Confederate  Congress 

The  first  Confederate  Congress  met  in  its  fourth  session,  De- 
cember 7,  1863,  five  months  after  the  fall  of  Vicksburg.  The 
extraordinary  events  which  had  transpired  since  its  adjournment 
in  May  furnished  numerous  questions  for  its  consideration,  and 
one  of  them  was  the  policy  which  it  should  adopt  for  the  admin- 
istration of  the  Trans-Mississippi  Department. 

In  his  official  report  for  the  year  1863,24  the  secretary  of  war 
explained  the  conditions  in  this  department,  due  to  its  isolation, 
and  urged  that  it  would  be  judicious  for  "some  extraordinary  pow- 
ers of  military  administration"  to  be  entrusted  to  the  general 
commanding,  and  that  legislation  should  be  enacted  providing  for 
the  establishment  there  of  separate  offices  under  competent  heads 
for  the  various  cabinet  departments,  and  of  bureaus  of  the  war  de- 

"Smith  to  Davis,  September  28,  1863.  Off.  Recs.,  XXII,  ii,  1028; 
Seddon  to  Smith,  October  10,  1863,  ibid.,  1040. 

24Nbvembe,r   26,    1863.     Off.  Recs.,    Series  IV,  Vol.  II,    1016-1017. 


294:  The  Southwestern  Historical  Quarterly 

partment  under  the  commanding  general  analogous  to  those  at 
Eichmond. 

The  president's  message  summarized  the  conditions  resulting 
from  Federal  control  of  the  Mississippi,  the  difficulties  encoun- 
tered by  the  executive  and  the  heads  of  departments  in  administer- 
ing the  Trans-Mississippi  Department  at  that  time,  and  the  im- 
possibility that  officials  east  of  the  river  should  control  operations 
west  of  it.  He  recommended  that  representatives  of  the  post- 
office  and  treasury  departments  be  placed  west  of  the  river  with 
authority  in  the  head  of  each  department  to  vest  in  the  assistant 
full  power  to  operate  the  sub-department;  while  for  military 
affairs,  he  advised  that  the  president  and  secretary  of  war  be  au- 
thorized to  "delegate  to  the  commanding  general  so  much  of  the 
discretionary  power  vested  in  them  by  law  as  the  exigencies  of 
the  service  shall  require."25 

Resolutions  were  at  once  adopted  in  each  house  looking  toward 
the  legislation  recommended.  On  January  5,  a  bill  entitled  "An 
act  to  authorize  the  appointment  of  an  Assistant  Secretary  of  the 
Treasury  west  of  the  Mississippi"  went  to  the  senate  from  the 
house.  This  bill  amended  to  read  "agent"  instead  of  "Assistant 
Secretary"  became  a  law  January  27.  This  act  empowered  the 
president  by  and  with  the  advice  and  consent  of  the  senate  to 
appoint  an  agent  of  the  treasury  who  should  reside  west  of  the 
Mississippi  and  discharge  such  duties  as  should  be  assigned  him 
by  the  secretary  of  the  treasury.  The  secretary  could  empower  the 
agent  to  discharge  any  duty  or  function  west  of  the  river  that  the 
secretary  himself  could  discharge.  To  make  this  branch  office 
effective,  other  bills  were  passed  in  a  short  time  providing  for  the 
establishment  in  this  department  of  two  bureaus  of  the  treasury, 
the  one  of  the  auditor  and  the  other  of  the  comptroller.  The 
chiefs  of  these  bureaus  were  to  receive  and  disburse  all  the  public 
money  for  the  department;  to  keep  the  necessary  accounts;  to  file 
evidences  of  all  claims  against  the  government  in  this  department, 
which  hitherto  had  been  required  to  be  filed  in  the  state  depart- 
ment; to  receive  instructions  from  and  to  report  all  transactions 
to  the  agent  of  the  treasury  for  the  department.26 

"December  7,  1863.  Off.  Recs.,  Series  IV,  Vol.  II,  1045-1046;  also  in 
Richardson,  Messages  and  Papers  of  the  Confederacy,  I,  377-378. 

MFor  the  history  of  these   bills    see  Journal   of  the    Confederate   Con- 


Confederate  Trans-Mississippi  Department,  1863-1865     295 

On  February  10,  1864,  President  Davis  approved  a  bill  authoriz- 
ing the  establishment  of  an  agency  of  the  postoffice  department 
west  of  the  Mississippi.  This  bill  gave  him  the  power,  by  and 
with  the  consent  of  the  senate,  to  appoint  a  postoffice  agent  for 
and  resident  in  this  department.  The  postmaster  general,  or  if 
necessary  the  president,  was  authorized  to  vest  said  agent  with 
such  power  as  would  enable  him  to  perform  all  duties  that  might 
be  required  of  him  to  keep  up  the  postal  service  in  that  part  of 
the  Confederacy.  The  bill  further  provided  that  funds  for  this 
branch  of  the  postoffice  should  be  deposited  with  the  treasury  agent 
there  and  should  be  transferred  to  the  different  postmasters  by 
orders  of  the  postmaster  general;  the  funds  so  transferred  were 
then  to  become  subject  to  the  postoffice  agent  for  all  liabilities. 
All  acts  of  the  agent  were  to  be  subject  to  revision  by  and  to  the 
approval  of  the  postmaster  general,  the  proper  accounting  officers 
of  the  treasury,  and  when  necessary  to  the  approval  of  the  presi- 
dent.27 

At  the  beginning  of  the  session  the  committee  on  military  affairs 
was  instructed  "to  inquire  into  the  expediency  of  organizing  and 
strengthening  the  Trans-Mississippi  Department  by  the  appoint- 
ment of  an  Assistant  Secretary  of  War."  On  February  13,  the 
committee  at  its  own  request  was  discharged  from  further  con- 
sideration of  the  matter,  probably  because  of  Seddon's  opposition 
to  it.  He  explained  that,  even  though  it  was  intended  to  make 
such  agent  subordinate  to  the  commanding  general,  he  feared  the 
name  or  title  would  cause  embarrassment.  He  preferred  to  leave 
General  Smith  in  supreme  control  west  of  the  river,  and  to  organize 
auxiliary  bureaus  there.28  An  act  was  passed  on  February  17, 
1864,  providing  for  the  establishment  of  such  bureaus  or  agencies 
of  the  war  department  west  of  the  river  as  the  public  service  might 
require  and  auxiliary  to  those  established  by  law  at  Eichmond. 
This  act  empowered  the  general  commanding  this  department 
under  the  authority  of  the  president,  or  the  secretary  of  -war,  to 
direct  these  bureaus,  to  assign  staff  officers  and  clerks  to  duty 

gress,  Vols.  I  El,  IV,  VI,  VII,  passim.  For  the  laws,  see  Statutes  at 
Large  of  the  Confederate  States,  1st.  Cong.,  4th  Sess.,  pp.  176,  230. 

27 Statutes  at  Large  of  C.   S.,   1st  Cong.,  p.   184. 

28 Journal  of  Congress  of  C.  S.,  Ill,  453,  728;  Seddon  to  Smith,  June 
15,  1864.  Off.  Recs.,  XXXIV,  iv.,  672. 


296  The  Southwestern  Historical  Quarterly 

in  them  or  to  make  appointments  therein,,  subject  to  the  approval 
of  the  president.29 

Congress  evidently  intended  that  General  Smith's  control  over 
the  military  administration  in  his  department,,  though  subordinate 
to  the  president  and  secretary  of  war,  should  be  analogous  to  and 
as  broad  as  that  of  his  superiors.  All  later  acts  passed  with  refer- 
ence to  the  military  administration  also  reveal  this  intention.  Only 
two  such  acts  are  shown  here. 

The  president,  February  15,  1864,  approved  an  act  to  suspend 
the  writ  of  habeas  corpus  in  certain  cases.  This  act  declared  the 
writ  suspended,  but  that  such  suspension  should  apply  only  in 
cases  of  persons  arrested  or  detained  by  order  of  the  president, 
secretary  of  war,  or  the  general  commanding  the  Trans-Mississippi 
Department  by  the  authority  and  under  the  control  of  the  presi- 
dent. It  further  stated  that  during  the  time  of  suspension  no 
military  or  other  officer  should  be  compelled  to  appear  in  court 
or  to  return  the  body  of  any  person  or  persons  in  answer  to  any 
writ  of  habeas  corpus  held  by  him  by  order  of  the  three  named 
executive  officials.30  An  act  was  passed  February  17,  1864,  au- 
thorizing the  secretary  of  war  or  the  general  commanding  the 
Trans-Mississippi  Department  to  employ,  or  in  case  they  could 
not  do  that,  to  impress  free  negroes  and  slaves  to  work  on  forti- 
fications and  perform  other  labor  connected  with  the  defense  of 
the  country.31 

It  is  evident  that  Congress  treated  the  Trans-Mississippi  De- 
partment as  a  somewhat  detached  part  of  the  Confederacy.  Not 
only  did  it  legalize  the  delegations  of  authority  made  by  the  presi- 
dent and  secretary  of  war,  but  it  extended  the  commander's  powers 
in  this  field  even  beyond  those  granted  by  the  executive  officers. 
The  department  for  all  administrative  purposes  was  repeatedly 
recognized  as  practically  distinct  from  the  Cis-Mississippi  states. 
At  any  rate,  the  question  of  military  administration  was  now  set- 
tled though  without  prejudice  to  the  president's  superior  authority. 

Some  interpretations  by  executive  officers  of  the  extent  of  the 
powers  granted  to  General  Smith  are  interesting  and  perhaps 
necessary  in  this  connection.  From  a  study  of  the  bills  referred 

"Statutes   at  Large  of  C.   S.,   202-203. 
^Statutes  at  Large  of  C.  8.,  pp.   187-189. 
^Statutes  at  Large  op  C.   S.,  p.    235. 


Confederate  Trans-Mississippi  Department,  1863-1865     297 

to  above  and  other  sources,  as  has  been  shown,  it  does  not  seem 
that  Congress  considered  granting  any  civil  functions  to  the  com- 
mander in  the  west.  However,  April  9,  1864,  Davis  explained  to 
Governor  Allen  of  Louisiana,  with  respect  to  the  protection  of 
citizens  from  unjust  seizures  by  impressment  officers,  that  Gen- 
eral Smith  had  power  to  do  everything  in  his  department  that  he, 
Davis,  could  do.  "He  has  power  to  execute  the  laws  and  that  is 
the  only  authority  I  have."32  In  writing  to  General  Smith  con- 

"As  far  as  the  constitution  permits,  full  authority  has  been 
given  you  to  administer  to  the  wants  of  your  department,  civil  as 
well  as  military."33 

However,  the  context  here  does  not  make  clear  the  exact  mean- 
ing of  the  term  "civil."  In  his  annual  report,  dated  April  28, 
1864,  Seddon  said: 

"The  legislation  of  the  late  Congress  for  the  Trans-Mississippi 
Department  was  both  liberal  and  provident.  Provision  was  made 
for  the  peculiar  needs  incident  to  its  comparative  isolation  from 
the  supervision  of  the  central  government,  and  all  the  agencies  of 
a  partially  independent  government  were  authorized.  In  the  same 
spirit  has  been  the  action  of  the  executive.  Added  rank  and  dig- 
nity have  been  bestowed  on  the  able  commander  and  administrator 
at  its  head,  and  to  him  have  been  entrusted  the  full  measure  of 
executive  powers,  which,  under  our  constitutional  system,  could  be 
exercised  by  others  than  the  president."3* 

In  another  letter  to  Smith  shortly  afterwards  the  president  de- 
clared that  it  had  been  his  endeavor  to  extend  the  general's  powers 
to  the  utmost  limit  consistent  with  law  and  the  nature  of  the 
government;  and  that  to  meet  the  extraordinary  circumstances  in 
which  the  department  was  placed  laws  had  been  passed  granting 
the  commander  fuller  powers.35  Seddon  also  wrote  that  he  thought 
General  Smith,  besides  his  position  as  military  commander  of 
the  department,  should  combine  with  his  strictly  military  duties 
somewhat  of  the  relation  of  the  secretary  of  war  to  the  department 
and  the  president.36 

^Davis  to  Allen,  April  9,  1864.     Off,  Recs.,  LIII,  981-982. 
cerning  the  work  of  Congress,  he  said : 
83April  28,   1864.     Off.  Recs.,  LIII,  986. 
"Off.  Recs.,  Series  IV,  Vol.  Ill,  341. 

35Davis  to  Smith,  June  14,  1864.     Off.  Recs.,  XXXIV,  iv,  671. 
"Seddon  to  Smith,  June  15,  1864.     Off.  Recs.,  XXXIX,  iv,  672. 


298  The  Southwestern  Historical  Quarterly 

Communication  with  Richmond  was  uncertain;  it  was  months 
after  laws  were  passed  by  Congress  before  they  were  received  west 
of  the  river.  The  commanding  general  received  few  letters  from 
chief  officials  during  the  winters  of  1863-64  and  1864-65.  He  was 
beset  with  many  difficulties;  he  had  no  means;  there  were  con- 
flicting claims  and  conflicting  authorities;  and  copies  of  the  laws 
which  would  have  helped  him  were  not  received  until  months  after 
their  enactment.  Under  these  circumstances,  he  had  found  it  nec- 
essary in  1863,  when  organizing  the  cotton  bureau,  to-  assume  con- 
trol over  treasury  agents  in  the  department.  In  December,  1864, 
the  question  of  his  authority  to  do  this  came  up  in  the  house,  and 
the  president  was  requested  to  submit  to  that  body  copies  of  all 
instructions  from  the  secretary  of  war  to  General  Smith  by  which 
the  latter  claimed  the  right  to  assume  control  over  agents  of  the 
treasury.  The  data  was  submitted  January  25,  1865,  but  so  far 
as  can  be  determined  no  action  was  taken.37 

In  this  matter  of  granting  civil  powers,  then,  it  seems  that  the 
executive  officers  early  realized  the  necessity  that  some  such  author- 
ity be  given  to  the  commander  of  the  department,  but  were  un- 
willing to  commit  themselves  definitely;  that  Congress  was  silent 
on  the  question  of  the  control  by  the  general  of  the  non-military 
agencies  it  established  in  the  department;  that  the  executive  officers, 
after  the  meeting  of  Congress,  were  inclined  to  interpret  the  dele- 
gation of  power  as  extending  over  the  civil  administration,  but 
they  saved  themselves  by  artfully  inserting  the  qualifying  phrase 
"so  far  as  the  constitution  permits" ;  and  that  when  General  Smith, 
under  pressure  of  necessity,  assumed  some  of  those  functions,  the 
authorities  at  Richmond  acquiesced. 

(Continued) 

"Journal  of  Cong,  of  C.  S.,  VII,  403-404;  also  see  Seddon  to  Davis, 
January  23,  1865.  Off.  Recs.,  LIII,  1309. 


Minutes  of  the  Ayuntamiento  of  San  Felipe  de  Austin     299 


MINUTES  OF  THE   AYUNTAMIENTO   OF  SAN  FELIPE 
DE  AUSTIN,  1828-18321 

I 

EDITED  BY  EUGENE  C.  BARKER 

Town  of  Austin,  capital  of  the  jurisdiction  of  that  name,  in  the 
department  of  Bexar,  State  of  Coabuila  and  Texas,  February  10, 
1828.  Citizen  Stephen  F.  Austin,  appointed  on  November  17 
by  the  superior  order  of  the  Most  Excellent  Governor  of  the  State 
to  hold  the  first  municipal  electoral  assembly  of  the  said  jurisdic- 
tion— which  order  was  circulated  by  the  chief  of  the  department 
on  December  11  last — met  with  John  P.  Coles,  James  Cummin  s^ 
Thomas  M.  Duke,  Alexander  Hodge,  and  Humphrey  Jackson  al- 
caldes; Alexander  Calvit,  Green  B.  Jamieson,  Philo  Fairchild, 
Thomas  Barnett,  Moses  Morrison,  William  Kincheloe,  Rawson 
Alley,  John  Elam,  and  Clement  C.  Dyer  tellers;  Lawrence  Richard 
Kenne}r,  John  D.  Tay[lor],  John  Andrews,  Shubael  Marsh,  and 
John  E.  Foster  secretaries.  The  lists  of  the  electoral  assemblies 
of  the  respective  districts  of  the  jurisdiction  were  opened,  in  con- 
formity with  the  3d  article  of  the  above  superior  order  and  in 
fulfillment  of  the  100th  article  of  the  Regulation  for  the  Admin- 
istration of  Towns,2  and  the  three  general  lists  which  said  article 

JThe  minutes  of  the  ayuntamiento  of  San  Felipe  de  Austin  from  its  in- 
stallation on  February  12,  1828,  to  January  3,  1832,  are  in  the  Spanish 
department  of  the  General  Land  Office  at  Austin,  in  three  thin  manuscript 
volumes.  They  were  turned  over  to  Ezra  Cleveland,  clerk  of  the  district 
court  at  Bellville,  by  the  county  clerk  in  1849,  and  by  him  transferred  to 
the  Land  Office  on  April  30,  1852,  under  authority  of  a  legislative  act  of 
February  9,  1852,  for  depositing  land  records  in  the  Land  Office.  Volume 

1  contains  the  minutes  from  February  10,  1828,  to  June  4,  1830,  Volume 

2  from  July  5,  1830,  to  January  1,  1831,  and  Volume  3  from  January  17, 
1831,  to  January  3,  1832.     Volume  1  contains  63  single  sheets  or  leaves, 
written  on  both  sides.     With  the  exception  of  sheets  6,  7,  half  of  8,  and  11 
the  first  41  sheets  are  in  Spanish  and  are  translated  by  the  editor.     There- 
after to  the  end  of  the  third  volume  the  record  is  bi-lingual  with  the  Span- 
ish on  the  left-hand  page  and  the  English  on  the  right.     In  a  few  cases, 
indicated  in  the  notes,  it  has  been  possible  to  replace  a  missing  page  of 
English  by  translation  of  the  Spanish.     Thanks  are  due  Hon.  James  T. 
Robison,  Commissioner  of  the  General  Land  Office,  for  permission  to  pub- 
lish these  records.    An  account  of  the  government  of  Austin's  Colony  before 
the  organization  of  the  ayuntamiento  appears  in  this  issue  of  THE  QUAR- 
TERLY, pages  223-252. 

2This  decree  (No.  37)  is  omitted  from  the  official  publication  of  the  Laws 
of  Coahuila  and  Texas,  but  there  is  a  Spanish  copy  in  the  Austin  Papers  at 


300  The  Southwestern  Historical  Quarterly 

the  University  of  Texas,  and  a  translation  by  Stephen  F.  Austin  in  the 
Texas  Gazette,  Nos.  3,  4,  and  5,  October  13,  24,  and  31.  The  University 
has  Nos.  3  and  5,  and  Mrs.  Mila  T.  Morris  of  Houston,  Texas,  has  the  first 
volume  of  the  Gazette  very  nearly  complete.  The  writer  is  indebted  to  the 
generosity  of  Mrs.  Morris  for  the  use  of  her  copy.  The  law  is  so  nearly 
inaccessible  that  the  sections  defining  the  functions  of  the  ayuntamiento 
are  here  reprinted. 

"Art.  109.  The  ayuntamiento  shall  promote  the  establishment  of  hos- 
pitals, poor  houses,  or  houses  of  charity  and  benevolence,  they  shall  take 
care  that  the  streets,  markets,  public  places  and  prisons  'are  kept  clean, 
and  also  that  the  apothecary  shops  and  other  establishments  that  may 
have  any  influence  on  the  public  health  shall  be  kept  in  proper  order  to 
prevent  deleterious  effects. 

"Art.  110.  They  shall  not  permit  physicians  or  apothecaries  to  exercise 
their  professions  without  a  previous  presentation  of  their  diplomas  or  cer- 
tificates from  the  respective  scientific  authorities  or  corporations,  accredit- 
ing fully  their  qualifications.  .  .  . 

"Art.  111.  The  ayuntamiento  shall  have  an  inspection  over  the  pro- 
visions and  liquors  of  all  classes  that  are  offered  for  sale,  and  see  that 
they  are  of  good  quality;  they  shall  also  take  such  timely  measures  as 
may  be  practicable  for  procuring  supplies  of  the  common  necessaries  of 
life  in  seasons  of  scarcity,  so  that  the  inhabitants  may  not  suffer  by 
famine. 

"Art.  112.  They  shall  .  .  .  provide  proper  burying  grounds  beyond 
the  limits  of  the  towns.  .  .  . 

"Art.  113.  They  shall  take  care  that  the  lakes  and  ponds  be  drained,  so 
that  water  shall  not  stagnate  in  the  towns. 

"Art.  114.  They  shall  remove  whatever  may  jeopardize  the  health  of 
the  inhabitants  or  stock  within  the  jurisdiction,  when  practicable  to  do  so. 

"Art.  115.  They  shall  take  special  care  to  establish  a  board  of  health, 
even  in  settlements  or  towns  where  there  is  but  one  physician. 

"Art.  116.  They  shall  see  that  the  streets  are  straight,  paved  and 
lighted,  when  it  is  practicable,  and  that  shade  and  ornamental  trees  shall 
be  planted,  and  public  walks  formed. 

"Art.  117.  They  shall  take  care  that  the  public  roads  of  the  district 
are  kept  in  order  and  repair.  .  .  . 

"Art.  118.  They  shall  also  take  charge  of  the  repairing,  preservation 
and  construction  of  all  works  or  buildings  of  public  utility  or  ornament, 
within  their  respective  jurisdictions. 

"Art.  119.  They  shall  take  care  that  the  woods  and  timber  belonging 
to  the  commons  shall  be  preserved  and  shall  not  permit  one  useful  tree  to 
be  destroyed  without  planting  three  of  the  same  kind  in  its  place,  and  the 
owners  of  land  shall  be  excited  to  take  care  of  and  augument  their  groves, 
but  without  interfering  in  the  use  or  benefit  they  may  choose  to  make  of 
them. 

"Art.  120.  The  ayuntamiento  shall  take  charge  of  the  administration 
and  regulation  of  hospitals,  poor  houses,  institutions  of  learning,  and 
other  establishments  of  a  literary,  scientific  or  benevolent  nature  that  are 
supported  by  the  public  funds,  and  in  those  that  are  established  by  individ- 
uals they  shall  see  that  nothing  contrary  to  the  laws  is  permitted. 

"Art.  121.  Every  six  months  they  shall  form  a  statistical  account  of  the 
municipality,  and  every  three  months  they  shall  call  on  the  curate  of  the 
parish  for  a  note  of  those  born,  married  and  dead,  specifying  the  sexes, 
ages,  and  both  documents  shall  be  transmitted  to  the  chief  of  partido. 

"Art.  122.  They  shall  not  permit  in  their  jurisdiction  vagabonds,  drunk- 
ards, gamblers  by  profession,  nor  any  idle  or  vicious  people  who  have  no 


Minutes  of  the  Ayuntamiento  of  San  Felipe  de  Austin     301 

visible  means  of  subsistence;  and,  in  order  that  they  may  dictate  the  nec- 
essary general  measures  to  prosecute  persons  of  this  class,  those  are  de- 
clared such: 

"1st.     Who  live  without  any  occupation,  business  or  income. 

"2d.  Those  who,  being  sound  and  vigorous,  and  of  robust  age,  or  who 
have  an  impediment  that  does  not  incapacitate  them  from  work,  go  about 
from  door  to  door  begging  alms. 

'3d.  Those  who,  possessing  property  or  income,  or  being  of  respectable 
families,  spend  their  time  in  gambling  houses,  and  other  suspicious  places, 
to  the  public  scandal,  and  who  are  disrespectful  to  the  public  authorities. 

"4th.  Those  who  have  some  profession  or  occupation,  and  are  idle  the 
greatest  part  of  the  year  without  just  cause. 

"5th.  Day  laborers  who  only  work  one  day  out  of  many,  and  who  spend 
the  time  in  idleness  which  ought  to  be  employed  in  useful  labor,  without 
adopting  any  other  honest  means  of  subsistence. 

"6th.  Loose  young  persons  from  other  places  who  have  run  away  from, 
their  homes  and  have  no  fixed  occupation,  and  also  those  belonging  to  the 
jurisdiction  who  have  no  other  occupation  than  begging,  either  because 
they  are  orphans  or  because  their  fathers  had  abandoned  them  to  this  vile 
mode  of  living. 

"Art.  123.  The  ayuntamientos  will  attend  to  the  correction  and  reforma- 
tion of  such  persons,  and  after  examining  the  summary  investigation  to 
be  made  respecting  them  by  the  alcalde,  they  will,  in  accord  with  the 
alcalde,  set  them  to  work  for  a  time  not  exceeding  six  months  in  some 
shop,  farm  or  other  useful  occupation  under  the  direction  of  their  pro- 
prietors, or  of  some  managers,  and  should  they  again  return  to  their  vices, 
they  shall  be  condemned  to  public  works  for  six  months  longer,  but  there 
must  first  be  a  previous  investigation  to  prove  that  they  have  so  returned 
to  their  vicious  habits. 

"Art.  124.  They  shall  promote  in  the  limits  of  their  jurisdiction  the 
planting  and  cultivation  of  all  fruits  and  productions  that  can  be  raised, 
and  are  not  prohibited  by  the  laws. 

"Art.  125.  They  shall  make  a  distribution  of  the  contributions  assigned 
to  each  town  or  jurisdiction,  proceeding  in  this  with  prudence  and  equity. 

"Art.  126.  They  shall  remove,  in  conformity  with  the  laws  and  so  far 
as  may  be  possible,  the  obstacles  that  retard  agriculture,  industry,  com- 
merce and  the  progress  of  mining. 

"Art.  127.  They  shall  see  that  the  sunpplies  to  be  furnished  to  the 
troops,  agreeably  to  the  existing  laws,  are  proportionately  divided  amongst 
the  inhabitants. 

"Art.  128.  It  is  their  particular  duty  to  establish  primary  schools  in 
all  the  villages  or  settlements  of  the  jurisdicion,  and  see  that  everything 
shall  be  taught  in  them  prescribed  by  the  215th  article  of  the  constitution, 
and  for  this  purpose  they  shall  designate,  of  themselves  and  with  the 
knowledge  of  the  chief  of  department,  the  means  of  raising  the  necessary 
funds  to  establish  them  in  places  that  for  want  of  such  funds  cannot  have 
them  immediately,  and  propose  the  same  to  the  government  for  its  deter- 
mination on  the  subject. 

"Art.  129.  They  shall  appoint  a  committee  from  their  own  body  to  visit 
such  schools  weekly,  and  they  will  inform  the  government  every  six  months 
as  to  the  state  of  said  schools,  stating  the  aid  that  is  needed  for  them,  and 
the  mode  of  remedying  the  embarrassments  to  their  advancement,  when 
such  embarrassments  cannot  be  removed  by  the  sole  authority  of  the 
ayuntamiento. 

"Art.  130.     They  will  excite,  by  every  means  in  their  power,  the  fathers 


302  The  Southwestern.  Historical  Quraterly 

1003  prescribes  were  formed.  The  result  was  that  Mr.  Thomas 
M.  Duke  received  131  votes  for  alcalde  and  Mr.  Ira  Ingram  re- 
ceived 111  votes. 

Mr.  Thomas  Davis,  223  votes  for  Regidor 

Mr.  Humphrey  Jackson,  96  votes  for  idem 

Mr.  William  Morton,  92  votes  for  idem 

Mr.  H.  H.  League,  24  votes  for  idem 

Mr.  Wyly  Martin,  15  votes  for  idem 

Mr.  J.  H.  Bell  1  vote  for  idem 

Mr.  L,  R.  Kenney  1  vote  for  idem 

[p.  la]  For  Sindico  procuradoT  Mr.  Rawson  Alley  received  218 
votes  and  Mr.  M.  B.  Nuckols  3  votes. 

These  elections  having  been  announced  by  the  presiding  officer, 

of  families  to  send  their  children  to  school,  and  they  will  see  that  the 
curates  exhort  their  parishoners  to  this  effect. 

"Art.  131.  The  funds  and  capitals  of  schools  must  be  secured  and 
their  rents  attended  to  to  the  satisfaction  of  the  ayuntamientos  and  on 
their  responsibility. 

"Art.  132.  The  ayuntamientos  shall  see  that  all  the  strays  that  appear 
within  the  limits  of  their  jurisdiction  are  taken  up,  and  render  an  account 
of  them  to  the  government  every  six  months.  .  .  . 

"Art.  133.  The  ayuntamientos  shall  have  charge  of  the  administration 
and  application  of  the  municipal  funds.  .  .  .  They  shall  transmit 
annually  to  the  chief  of  partido  a  certified  account  of  the  ingress  and 
egress  of  said  funds. 

"Art.  134.  The  ayuntamientos  that  have  not  funds  sufficient  for  their 
ordinary'  expenditures  shall  form  an  estimate  of  their  annual  expenses 
in  the  manner  prescribed  in  article  91  of  this  law,  and  in  the  same  manner 
propose  the  means  of  raising  them.  When  it  is  necessary  to  have  recourse 
to  taxes  to  raise  extra  funds  for  building  municipal  houses  and  jails, 
or  for  their  repair  ...  an  estimate  of  the  costs  of  such  buildings 
or  repairs,  and  a  plan  of  taxes  for  raising  such  extra  funds  shall  be  made 
.  .  .  and  transmitted  to  the  government  for  approval. 

"Art.  145.  In  order  that  the  measures  and  resolutions  of  the  ayunta- 
mientos shall  be  executed  and  obeyed  within  their  respective  jurisdictions, 
they  can  impose  fines  on  those  who  violate  them,  from  four  bits  to  fifty 
dollars;  or  imprison  or  condemn  to  public  works  from  one  to  fifteen  days 
those  who  are  unable  to  pay  such  fine,  proceeding  in  both  cases  by  means 
of  the  alcalde  who  presides  over  said  corporations.  The  fines  shall  be 
applied  to  the  funds  of  the  municipality. 

"Art.  149.  There  shall  be  one  secretary  in  each  ayuntamiento.  elected 
by  the  same,  by  a  plurality  of  votes."  .  .  . 

8"Art.  100.  On  the  next  Sunday  after  the  said  election  the  ayunta- 
miento shall  convene  in  their  hall,  and  the  president,  tellers  and  secretaries 
of  the  electoral  assemblies  shall  also  convene  at  the  same  time  and  place, 
and  three  general  lists  shall  be  made  from  all  the  others,  in  one  shall 
be  set  down  the  persons  voted  for  for  alcaldes,  in  another  those  voted 
for  for  regidores,  and  in  the  other  those  voted  for  for  sindico  procurator, 
placing  the  persons  who  had  the  highest  number  of  votes  first  on  the 
respective  lists." 


Minutes  of  the  Ayuntamiento  of  San  Felipe  de  Austin     303 

the  list  was  immediately  posted  in  the  most  public  place,  and  it 
was  agreed  that  attested  copies  should  be  taken  from  this  to  be 
sent  to  the  Government,  forwarding  by  conducto  of  Citizen 
Stephen  F.  Austin  the  official  advice  which  article  1034  of  the 
above  superior  order. 

The  said  Senor  Stephen  F.  Austin  read  a  translation  of  the 
laws  of  the  state  on  the  administration  of  justice,5  on  the  political 
administration  of  towns,  and  a  discussion  of  the  powers  and  duties 
of  the  ayuntamiento. 

The  proceedings  continued.  A  general  list  was  formed  of  the 
persons  who  received  votes  for  the  position  of  commissaries  of 
police  and  sindicos  for  the  districts  of  Victoria  and  Mina.  This 
showed  that  Thomas  Barnett  received  45  votes,  GL  B.  Hall  35  votes 
and  M.  B.  Nuckols  1  vote  for  commissary  of  the  district  of  Vic- 
toria;, and  that  Thomas  Barnett  received  38  votes,  John  D.  Tay- 
lor 33  votes,  William  Harris  18  votes,  and  M.  B.  Nuckols  1  vote 
for  sindicos  of  the  same  district.  Barnett  having  received  the 
greatest  number  of  votes  for  commissary  was  declared  elected  to 
that  office,  in  conformity  with  article  1016  of  law  No.  37.  In  the 
same  way,  Taylor  having  received  the  greatest  number  of  votes, 
after  Barnett,  for  sindico,  was  declared  legally  elected  sindico  in 
conformity  with  the  said  article  101.  For  the  office  of  commis- 
sary of  the  district  of  Mina  William  Kincheloe  received  14  votes, 
Amos  Rawls  received  14  votes,  and  [p.  2~\  Daniel  Eawls  received 
one  vote  for  sindico  of  the  same  district. 

In  virtue  of  which,  Thomas  M.  Duke  was  declared  to  be  elected 
alcalde,  Thomas  Davis  and  Humphrey  Jackson  regidores,  and 
Rawson  Alley  sindico  procurador  for  the  new  ayuntamiento  of  the 
said  jurisdiction  of  Austin;  Thomas  Barnett  commissary  of  police 
and  John  D.  Taylor  sindico  for  the  district  of  Victoria ;  and  Wil- 

4"Art.  103.     The  President  of  the  respective  ayuntamiento  shall  give  an 
official  notice  to  the  persons  who,  in  conformity  with   article   165  of  the 
constitution,  are  elected  for  the  municipal  offices." 
said  law  No.   37  requires,  and  in  fulfillment  of  article  4  of  the 

^See  above,  p.  246,  note  83. 

6"Art.  101.  Should  the  same  individual  receive  votes  for  alcalde,  regi- 
dor  and  procurador,  he  shall  only  be  set  down  on  the  list  of  the  one  for 
which  he  received  the  highest  vote,  and  should  such  individual  receive 
an  equal  number  of  votes  for  two  or  more  of  said  appointments,  that  of 
alcalde  shall  take  precedence  over  that  of  regidor,  and  the  latter  over 
that  of  procurador." 


304:  The  Southwestern  Historical  Quraterly 

Ham  Kincheloe  commissary  of  police  and  Amos  Bawls  sindico  of 
the  district  of  Mina. 

Citizen  Stephen  F.  Austin,  President  of  the  electoral  assembly 
(junta),  having  given  official  notice  to  those  elected,  as  article 
103  of  the  regulation  for  the  political  administration  of  towns 
requires,  and  each  one  of  the  said  persons  having  taken  the  oath 
which  article  220  of  the  State  Constitution  requires,  they  assumed 
by  this  act  their  respective  offices. 

In  conclusion  of  this  session,  the  president,  the  alcaldes,  tellers 
(escrutadores),  and  secretaries,  and  the  the  secretary  of  the  juris- 
diction signed  these  proceedings. 

Estevan  F.  Austin  Humphrey  Jackson 

James  Cummins  Rawson  Alley 

Alexr  Hodge  Lau[ren]ce  Eich  Kenney 

John  P.  Elam  Shubael  Marsh 

Thos  M.  Duke 

Samuel  M.  Williams 

Secretary 

[p.  3]  List  of  the  individuals  who  obtained  votes,  for  the  office 
of  sindico  procurador  of  this  town  in  the  municipal  assembly  held 
on  the  10th  day  of  this  month,  in  accordance  with  the  special  or- 
der of  the  Governor  of  the  State,  dated  November  17  of  the  pas  I 
year  and  communicated  by  the  political  chief  of  this  department 
on  December  11  of  the  same  year  through  a  commission  to  Citizen 
Empresario  Stephen  F.  Austin  for  holding  this  assembly. 

Names  Votes 

Rawson  Alley    218 

M.  B.  Nuckols 3 

Town  of  Austin  February  10,  1828. 

Estevan  F.  Austin,  President 

Green  B.  Jameson,  Teller   (escrutador) 

Rawson  Alley,  Teller 

Samuel  M.  Williams,  Secretary. 

[p.  4]  List  of  the  individuals  who  received  votes  for  alcalde  of 
this  town  in  the  municipal  assembly  held  therein  the  10th  of  this 
month  in  accordance  with  the  special  order  of  his  Excellency  the 
Governor  of  the  State  the  17th  of  November  of  the  past  year, 


Minutes  of  the  Ayuntamiento  of  San  Felipe  de  Austin     305 

and  communicated  by  the  political  chief  of  this  department  De- 
cember 11  of  the  same  year  by  means  of  a  commission  to  the 
Citizen  Empresario  Stephen  F.  Austin  to  preside  over  the  said 
assembly. 

Names  Votes 

Thomas  M.  Duke 121 

Ira,  Ingram   Ill 

Town  of  San  Felipe  de  Austin,  February  10,  1828. 

Stephen  F.  Austin,  President 
Green  B.  Jameson,  Teller 
Eawson  Alley,  Teller 

Samuel  M  Williams, 

Secretary. 

[p.  5]  List  of  the  individuals  who  obtained  votes  for  the  office  of 
regidor  of  this  town  in  the  municipal  assembly  held  therein  the 
10th  of  this  month  in  accordance  with  the  special  order  of  his 
Excellency  the  Governor  of  the  State  the  17th  of  November  of 
the  past  year,  and  communicated  by  the  political  chief  of  this  de- 
partment December  11  of  the  same  year  by  means  of  a  commis- 
sion to  the  Citizen  Empresario  Stephen  F.  Austin  to  preside  over 
the  said  assembly. 

Names  Votes 

Thomas  Davis  223 

Humphrey  Jackson 96 

William  Morton 92 

H.  H.  League   24 

Wyly  Martin 15 

J.  H.  Bell 1 

L.   R.   Kenny 1 

Town  of  San  Felipe  de  Austin,  February  10,  1828. 

Estevan  F.  Austin,   President 
Green  B.  Jameson,  Teller 
Rawson  Alley  Teller 

Samuel  M.  William,  Secretary 

fp.  6]     **In  virtue  of  the  foregoing-  act  of  election  in  which  citi- 

**The  matter  between  the  **  is  from  the  English  original,  pp.  6.  6a.  7, 
7a,  and  8. 


306  The  Southwestern  Historical  Quraterly 

zen  Thomas  M.  Duke  was  elected  Alcalde,  Citizens  Thomas  Davis 
and  Humphrey  Jackson  were  elected  Regidors  and  Citizen  Raw- 
son  Alley  as  Sindico  Procurador  and  the  said  Individuals  having 
under  said  act  taken  the  oath  prescribed  in  art.  220  of  the  state 
constitution  proceeded  to  the  installation  of  the  Municipal  Ayun- 
tamto   for   the    judisdiction    of    Austin — The    Persons    aforesaid 
took  their  respective  places  presided  by  Citizen  Thomas  M.  Duke 
Alcalde  and  having  declared  themselves  as  ready  to  proceed  to  the 
discussion  and  organization  of  the  subjects  more  immediately  con- 
nected with  their  formation — The  Ayuntamto  was  proclaimed  to 
be  duly  installed  and  organized  and  then  proceeded  to  the  discusr 
sion  and  decreeing  the  following  subjects — First  the  appointment 
of  Secretary — the  Secretary  of  the  jurisdiction  having  declined  the 
appointment  ordered  that  means  be  adopted  to  procure  a  Secre- 
tary and  appoint  and  commission  him  in  order  to  attest  the  acts 
of  the  Ayuntamto  as  the  Law  requires  and  until  such  appoint- 
ment Citizen  Samuel  M.  Williams  is  hereby  authorized  to  attest 
to  the  proceedings  of  this  meeting  and  the  acts  of  the  Ayuntamto 
and  should  the  appointment  of  secretary  not  be  verified   [p.  6a] 
to  the  next  meeting  he  will  be  considered  as  acting  Secretary- 
Pro  Tern,  at  such  next  meeting,  and  should  his   Situation  per- 
mit a  further  continuance  and  no  person  be  appointed  he  can 
continue  to  act  until  such  appointment  is  verified — Second  The 
Existing  necessity  of  Stationary  Quills  Ink  etc.  require  the  imme- 
diate   attention   of    this   body.     Therefore   ordered    that    Citizen 
Thomas  Davis  be  and  is  hereby  appointed  a  committee  to  procure 
on  the  faith  of  the  Ayuntamto  a  sufficient  quantity  of  stationary 
Quills  Ink  etc.  a  house  or  convenient  building  for  the  Ayuntamto 
to  hold  its  meetings  and  to  keep  the  archives  of  the  Ayuntamto 
and  Alcalde  and  a  sufficient  Book  or  paper  case  for  the  preserva- 
tion of  the  archives  of  this  body  and  the  Alcalde  a  Table  and  seats 
for  the  same  as  soon  as  practicable  and  report  at  the  next  meet- 
ing what  he  may  have  done     2d  Ordered  that  the  acting  secretary 
extend   the  necessary  official  notices  for  the   Govr  of  the  State, 
Chief  of  the  Depart,  and  the  Ayuntamto  of  Nacogdoches  LaBahia 
and  Bexar  of  the  installation  of  this  Ayuntamto  and  answer  the 
official  letters  reed  through   Citizen   Stephen   F  Austin  this  day 
from  Chief  of  Department— Further  ordered  that   Citizen  Thos 


Minutes  of  the  Ayuntamiento  of  San  Felipe  de  Austin     307 

M.  Duke  be  appointed  a  committee  to  draw  up  an  address  to  the 
people  in  the  form  of  a  subscription  paper  exhorting  the  In- 
habitants to  afford  such  assistance  as  may  be  convenient  for 
[p.  7]  the  construction  of  a  Court  House  and  jail  or  either  of 
them  as  the  amt  reed  may  justify  and  in  the  opinion  of  the  Ayun- 
tamto  may  be  most  necessary — Further  ordered  that  in  obedience 
to  the  official  order  of  the  Chief  of  Department  dated  5th  Febru 
ary  in  this  year  that  the  necessary  instructions  be  issued  to  the 
Regidor  of  this  "body  and  Cfitizen]  Thomas  Davis  and  the  sin- 
dico  Procurador  Citizen  Rawson  Alley  and  the  commissarios  of 
the  Precincts  of  Victoria,  and  Mina  for  the  taking  of  the  census 
of  this  Colony  in  the  manner  and  form  described  in  the  plan 
accompanying  the  said  official  order.  The  commissario  of  Mina 
will  take  the  Census  of  the  whole  of  his  precinct,  the  commissario 
of  Victoria  will  take  that  of  the  whole  of  his  precinct  except  that 
on  the  waters  of  the  Buffalo  Bayou  and  San  Jacinto  which  will  be 
taken  by  the  sindico  of  that  Precinct — The  Regidor  Thomas  Davis 
of  this  body  will  take  that  part  of  the  District  of  San  Felipe  below 
the  Coshatie  crossing  down  to  the  precinct  of  Victoria  and  the 
Sindico  procurador  Rawson  Alley  will  take  that  part  of  the  Dis- 
trict on  the  Colorado  down  to  the  precinct  of  Mina  and  above  the 
Coshatie  road  on  the  Brazos  River.  The  Ayuntamto  adjourned 
[p.  7a]  uutil  the  9th  day  of  March  1828  San  Felipe  de  Austin  12th 
of  Feby  1828 

Thos  M.  Duke 

Pres.  Ayuntamto 
Attest 

Samuel  M.  Williams 

Sectry  Pro   Tern— 

I  do  certify  that  this  is  a  true  copy  from  the  original  record  of 
the  meeting  which  was  drawn  on  Blank  paper  and  transferred  to 
the  Sealed  Record  of  Proceedings  of  Ayuntamto 

Thos  M.  Duke 
Pres.  of  Ayuntamto 
San  Felipe  March  14-th  1823 

[p.  8]  The  Ayuntamto  met  according  to  adjournment  The  Sec- 
retary Pro  Tern  being  out  of  place  the  meeting  was  adjourned  to 
the  14th  instant  on  that  day  they  again  met  and  the  secretary 


308  The  Southwestern  Historical  Quarterly 

pro  tern  Samuel  M.  Williams  declining  to  serve  citizen  Stephen 
F.  Austin  was  chosen  Secretary  pro  tern  to  this  meeting 

Members  Present  Citizen  Thomas  M.  Duke  Pres  of  Ayuntamto 
Citz  Thomas  Davis  Begidor  and  citz.  Rawson  Alley  sindico  Pro- 
curador  having  declared  themselves  ready  Proceeded  to  business — • 
In  the  first  place  they  agree  to  forward  the  following  proposition 
to  Government,  to  wit** 

The  public  resources  (fondos  proprios)  of  this  jurisdiction  con- 
sist of  the  lots  of  the  town  of  Austin  and  the  public  ferry  here 
on  the  Brazos  River.  The  first  have  not  as  yet  produced  enough 
to  pay  the  necessary  charges  of  the  surveyor  who  surveyed  the 
lots  and  made  the  plat  of  the  town,  and  there  is  little  hope  that 
they  will  produce  anything  for  this  year.  The  second  is  leased 
for  this  year  for  the  sum  of  a  hundred  dollars. 

Public  funds  lacking,  the  ayuntamiento  proposes  to  the  gov- 
ernment the  following  taxes  to  cover  the  two  estimate  which  are 
submitted:  One  of  $750  for  municipal  expenses,  and  the  other 
of  $4,000  to  build  a  [p.  8a]  jail  and  town  hall. 

towit : 

For  license  to  citizens  or  inhabitants  legally  established  as  such 
for  keeping  a  dry  goods  store,  $5  for  eadti  six  months,  payable  at 
the  time  of  taking  out  the  license. 

For  the  same  to  foreigners,  $10  for  each  six  months,  payable  in 
the  same  way. 

For  the  same  to  citizens  to  sell  merchandise  and  liquors,  $7.50 
each  six  months. 

For  the  same  to  foreigners  for  the  same  purpose  $15  for  each 
six  months,  payable  in  the  same  manner. 

The  same  to  public  inns  in  which  liquors  are  sold,  $7.50  payable 
in  the  same  manner. 

The  same  for  inns  in  which  liquors  are  not  sold,  $5  for  each 
six  months,  payable  in  the  same  way 

The  same  for  selling  peddler's  goods — for  citizens,  $5  each  six 
months;  for  foreigners,  $15  each  six  months,  payable  in  the  same 
way. 

One  dollar  a  year  for  each  slave,  of  whatever  age  or  sex,  payable 
one-half  each  six  months  by  the  owner. 

Twelve  and  a  half  cents  a  quintal  on  all  merchandise,  not  the 


Minutes  of  the  Ayuntamiento  of  San  Felipe  de  Austin     309 

produce  of  the  jurisdiction,  exported  from  the  jurisdiction  or  pass- 
ing through  its  territory  in  transit. 

[p.  9]  Twelve  and  a  half  cents  for  each  head  of  cattle  driven 
from  the  jurisdiction,  except  those  belonging  to  emigrants  or  citi- 
zens who  are  going  to  establish  themselves  in  other  parts  of  the 
state. 

Half  a  real  [6|  cents]  for  each  head  of  small  cattle  [sheep, 
goats,  etc.]  driven  from  the  jurisdiction,  with  the  above  exception. 

Five  per  cent  on  the  cost  of  the  original  manufacture  of  all 
merchandise  or  goods  introduced  in  the  jurisdiction,  except  liquors, 
and  five  cents7  a  gallon  (galon)  of  five  quartillas  for  liquors. 

Two  and  a  half  cents  a  gallon,  of  five  quartillos,  on  liquors 
made  of  corn  or  any  other  product  in  the  jurisdiction. 

The  ayuntamiento,  under  its  responsibility,  is  to  name  the  per- 
sons and  formulate  the  regulations  which  it  considers  necessary 
for  collecting  and  securing  the  exact  assessment  (cobro)  of  these 
taxes,  and  shall  have  authority  to  fine  any  one  who  tries  to  de- 
fraud the  municipal  funds  in  the  assessment  or  payment  of  the 
said  taxes  to  three  times  the  amount  of  the  fraud  which  was  so 
attempted  or  effected,  after  trial  of  the  case  before  the  alcalde. 

[p.  9 a]  Any  one  who  sells  anything  or  who  opens  an  inn  under 
circumstances  which  require  a  license,  as  previously  mentioned, 
before  having  obtained  the  appropriate  license,  shall  be  held  for 
a  defrauder  of  the  public  funds  and  fined  to  three  times  the  price 
of  the  required  license,  in  conformity  with  the  above. 

Town  hall  of  the  Villa  of  Austin,  March  14,  1828. 

Estimate  of  municipal  expenses  for  the  jurisdiction  of  Austin 
for  the  je&r  1828,  made  in  conformity  with  article  1348  of  law 
No.  37,  of  June  13  [15],  1827. 

To  wit: 
Salary  of  a  Secretary  learned  in  the   Spanish  and  English 

languages,  who  can  also  serve  as  translator $350 

House  rent  until  the  town  hall  is  built. 100 

Cost  of  paper  and  other  things  for  the  Secretary's  office.  .  .  .   100 
Mileage  of  members  attending  meetings  of  the  ayuntamiento.   200 


$750 

TThe  expression  is  cinco  sueldos.     A  footnote  explains  that  "by  sueldo 
is  understood  the  hundredth  part  of  a  dollar." 
8See  note  2,  p.  299. 


310  The  Southwestern  Historical  Quarterly 

Note — The  sum  of  $200  is  suggested  to  pay  the  personal  ex- 
penses of  the  members  of  the  ayuntamientO'  because  one  of  them 
lives  thirty  [p.  10]  leagues  and  another  ten  leagues  from  the  town, 
and,  since  they  have  no  house  in  town,  must  pay  their  expenses 
from  their  own  pockets — a  charge  which  they  consider  somewhat 
heavy  to  pay  from  their  own  funds. 

Town  of  Austin,  March  14,  1828 

Estimate  of  the  cost  of  building  a  jail  and  town-hall  in  the 
Villa  of  Austin,  formed  by  the  ayuntamiento  in  accordance  with 
article  134  of  law  No.  37/of  June  13  [15],  1827. 

To  wit: 

For  building  of  jail $1,000 

For  building  of  town-hall 3,000 


$4,000 

**Villa  de  Austin  15th  de  Marzo  de  1828 
Ordered  that  a  provisional  Election  be  held  on  the  thirtieth 
day  of  this  month  for  one  Captain  and  two  Lieutenants  in  the 
former  district  of  Colorado  at  the  house  of  James  Cummens — 
Likewise  ordered  that  a  provisional  Election  be  held  on  the  6th 
of  April  next  for  One  Captain  and  two  Lieutenants  in  the  former 
District  of  Bravo  at  the  LaBahia  Crossing  of  the  Biver  Brazos. 
The  Ayuntamto  adjourned  until  the  12th  of  April  next. 
San  Felipe  de  Austin— March  15th  1828 

Thos  M.  Duke 

Prest  Ayuntamto 
Attest 

Stephen  F.  Austin 

Sy  pro  tern 

[p.  lOa]  March  31st  1828.  Having  presented  the  individuals 
charged  by  this  body  to  take  the  census  their  respective  lists  from 
which  must  be  formed  and  remitted  to  the  Chief  of  Department 
the  Census  of  this  jurisdiction  in  Conformity  with  the  form  reed 
from  the  said  Chief  up  to  this  day  and  remitted  to  the  same  by 
the  next  mail. 

**The  matter  between  the  **  is  from  the  English  original,  p.  10. 


Minutes  of  the  Ayuntamiento  of  San  Felipe  de  Austin     311 

Villa  de  Austin  31st  March  1828. 

Considering  the  paralized  state  of  immigration  to  this  Juris- 
diction from  the  U.  S.  arrising  from  the  difficulties  encountered 
by  Imigrants  in  bringing  servants  and  hirelings  with  them,  this 
Body  conceive  it  their  duty  to  propose  to  the  Legislature  of  this 
state  through  the  Chief  of  Depart  a  project  of  a  Law  whereby 
emigrants  and  inhabitants  of  this  state  may  be  secured  in  the 
Contracts  made  by  them  with  servants  or  hirelings  in  foreign 
countries  which  project  the  prest  will  make  out  in  the  following 
terms  to  wit.  "Are  guaranteed  the  Contracts  made  by  emigrants 
to  this  state  or  Inhabitants  of  it  with  the  servants  or  hirelings 
they  introduce"  and  solicit  the  said  Chief  to  forward  it  on  to  the 
Legislature  with  [p.  11]  such  additional  influence  as  he  may  think 
proper  to  extend  to  it.  Villa  de  Austin  5  de  Abril  de  1828.** 

[MUNICIPAL  ORDINANCE9 

The  Governor  of  the  State  of  Coahuila  and  Texas  to  all  its  In- 
habitants— Know  Ye,  that  the  Congress  of  said  state  have  de- 
creed as  follows : 

No.  100. — The  Constitutional  Congress  of  the  free  independent 
and  sovereign  state  of  Coahuila  and  Texas  have  enacted  the  fol- 
lowing 

MUNICIPAL   ORDINANCE11 

FOR    THE    GOVERNMENT    AND    REGULATION    OF    THE    AYUNTAMIENTO 

OF    AUSTIN 

CHAPTER  I 

OF    THE    INSTALLATION    AND    INTERIOR    RULES    OF    THE    AYUNTAMI- 
ENTO,   AND    THE    APPOINTMENT    OF    COMMITTEES 

Art.  1.  On  the  first  day  of  January,  of  each  year,  the  ayunta- 
miento,  of  the  last  year,  shall  convene,  in  public  session,  in  con- 

•The  volume  contains  no  minutes  from  March  14  to  December  21,  but 
in  the  Texas  Gazette  of  October  31,  1829,  appears  a  municipal  ordinance 
which  Austin  says  this  ayuntamiento  adopted  and  submitted  to  the  legis- 
lature. The  legislature  passed  it  as  Decree  No.  100,  May  30,  1829,  but  it 
is  omitted  from  the  official  publication  of  the  Laws  of  Coahuila  and  Texas. 
For  that  reason  it  is  thought  desirable  to  present  it  here. 

aThis  ordinance  was  formed  by  the  ayuntamiento  of  1828  (except  the 
last  chapter),  in  compliance  with  the  150th  article  of  the  lasv  37,  regulat- 
ing the  executive  branch  of  the  state  government,  and  it  was  transmitted 
to  the  governor,  through  the  chief  of  department,  to  IK-;  laid  before  the 
legislature  for  approval. — Translator. 


312  The  Southwestern  Historical  Quarterly 

junction  with  the  persons  newly  elected  for  the  ayuntamiento  of 
that  year.  The  president  of  the  last  year's  ayuntamiento  shall 
then  administer  the  oath  prescribed  by  the  constitution  (220th 
art.)  to  the  president  of  the  new  ayuntamiento;  and  the  latter 
shall  in  like  manner  administer  it,  to  all  the  newly  elected  mem- 
bers in  regular  order. 

Art.  2.  This  act  being  concluded,  the  president  of  the  old 
ayuntamiento,  in  order  to  inform  the  newly  elected  members  and 
the  people,  at  the  beginning  of  each  year,  of  the  true  situation 
of  the  municipality,  and  of  its  progress,  shall  deliver  a  written 
discourse,  or  message,  to  the  new  ayuntamiento  in  said  public  ses- 
sion; explaining,  in  general  terms,  the  state  of  the  municipality, 
and  giving  a  detailed  account  of  all  subjects  or  business  that  may 
be  unfinished,  which  are  deemed  to  be  interesting,  and  particularly 
of  the  state  of  public  improvements,  building,  or  other  things 
which  may  require  any  expediture  of  the  municipal  funds;  speci- 
fying minutely  all  contracts  made  with  individuals  in  such  cases; 
he  will  also  state  any  defects  or  inconveniences  which  experience 
may  have  pointed  out  in  the  municipal  ordinance,  or  in  any  of  the 
municipal  regulations,  enacted  by  the  ayuntamiento  (bandos) 
suggesting  the  amendments b  that  may  be  deemed  necessary  to 
remedy  such  defects  or  inconveniences,  and  finally  he  will  present 
a  general  account  of  the  state  of  all  municipal  funds  during  the 
year  of  his  administration,  specifying,  in  detail,  the  ingress  and 
egress  of  such  funds,  and  stating  any  defects  or  inconvenience? 
which  it  may  appear,  from  experience,  exist  in  this  branch,  as 
well  as  in  all  other  branches  of  the  administration,  which  are 
committed  by  the  laws  to  the  ayuntamiento. 

Art.  3.  Before  the  above  stated  session  is  adjourned,  the  new 
president  shall  call  a,  session  of  the  new  ayuntamiento,  for  the 

bThe  mode  of  amending  the  municipal  ordinance,  is  by  petition  from 
the  ayuntamiento  to  the  legislature  through  the  chief  of  department  and 
governor,  stating  clearly  the  specific  amendment  that  is  required  and  the 
reasons  which  make  it  necessary,  should  the  legislature  approve  of  such 
proposed  amendment  it  becomes  a  law  and  a  part  of  the  municipal  ordi- 
nance, but  should  it  not  be  so  approved,  it  fails.  The  municipal  regula- 
tions (bandos)  which  are  enacted  by  the  ayunitamiento  can  be  amended  or 
repealed  by  that  body — any  citizen  or  number  of  citizens,  can  petition 
the  ayuntamiento,  in  a  respectful  and  decorous  manner,  on  any  subject 
connected  with  the  local  regulations  or  affairs  of  the  municipality  which 
are  placed  by  law,  under  the  direction  and  control  of  that  body;  said 
petitions  are  presented  by  the  sindico  procurador. — Translator. 


Minutes  of  the  Ayuntamiento  of  San  Felipe  de  Austin     313 

purpose  of  appointing  the  permanent  or  standing  committee's, 
which  the  ayuntamiento  may  deem  necessary ;  such  committees  wiU 
be  composed  of  one  or  more  persons  each;  and  the  president  will 
cause  the  former  committees,  of  the  last  year,  to  deliver  over  to 
the  new  ones  all  the  papers  and  document  which  may  be  in  their 
possession,  appertaining  to  said  committees. 

Art.  4.  The  special  committees  shall  be  appointed  by  the  pres- 
ident, as  the  circumstance  of  any  particular  subject  may  require; 
and  they  may  be  composed  of  one,  two  or  three  individuals,  at 
most,  keeping  always  in  view  the  qualifications  of  the  persons 
selected. 

Art.  5.  No  member  of  the  ayuntamiento  shall  refuse  to  serve 
on  committees,  except  for  a  just  and  sufficient  excuse,  which  must 
be  approved  of  by  two-thirds  of  all  the  members  of  that  body. 

Art.  6.  Each  committee  shall  promptly,  exactly  and  faithfully 
discharge  the  duties  assigned  to  it,  rendering  an  account  to  the 
ayuntamiento  of  any  embarrassments  which  may  present  them- 
selves, and  being  directly  responsible  to  that  body  for  any  neglect 
or  omission  in  executing  the  business  confided  to  it. 

Art.  7.  The  committees  shall  make  a  report  to  the  ayunta- 
miento, in  writing,  on  finishing  the  subject  referred  to  them,  and 
that  body  adopt  such  measures,  on  said  reports,  as  may  be  nec- 
essary. 

Art.  8.  The  committee  charged  with  the  examination  and  in- 
spection of  schools  must  make  a  report,  on  that  subject,  at  each 
regular  session  of  the  ayuntamiento  at  least.0 

CHAPTER  II 

OP  THE  SESSIONS 

Art.  9.  The  ayuntamiento  shall  hold  a  session  on  the  first 
Monday  of  each  month,  if  it  is  not  a  religious  holiday,  and  if  it 
should  be,  the  session  shall  be  held  on  the  next  following  day 
that  may  not  be  a  holiday.d  The  said  sessions  shall  commence 
at  ten  o'clock,  A.  M.  and  shall  continue  as  long  as  the  ayun- 
tamiento may  conceive  it  necessary  to  complete  the  business  on 

cThe  ayuntamiento  are  the  trustees  and  supervisors  of  schools  and  in- 
'  stitutions  of  learning,  within  the  municipality.     See  chapt.  6,  law  37. — 
Translator. 

dThe  religious  holydays  on  which  it  is  illegal  to  do  business  are  desig- 
nated in  the  Mexican  almanacs  by  a  double  cross,  thus  ft. — Translator. 


314  The  Southwestern  Historical  Quarterly 

hand;  and  each  member  shall  attend  such  sessions,  unless  absent 
with  leave,  or  for  a  good  and  sufficient  reason. 

Art.  10.  Any  member  who  fails  to  attend  the  sessions,  with- 
out good  and  sufficient  reason,  shall  be  fined  not  less  than  two 
nor  more  than  ten  dollars,  which  fine  shall  be  applied  to  the 
municipal  funds. 

Art.  11.  Any  member  of  the  corporation  has  the  right  to  re- 
quest an  extra  session  of  that  body,  whenever  he  may  deem  it 
necessary. 

Art.  12'.  The  president  shall  call  such  extra  session  on  the 
presentation  of  a  petition,  requesting  it  either  verbally  or  in  writ- 
ing; and  no  member  shall  fail  to  attend  the  same  under  the  pen- 
alty prescribed  in  the  10th  article. 

Art.  13.  Subjects  shall  be  introduced  amd  discussed  methodi- 
cally in  the  ayuntamiento :  each  member  who  wishes  to  speak  shall 
notify  the  same  to  the  president,  who  shall  see  that  each  one 
speaks  in  his  regular  turn,  and  that  he  is  not  interrupted  while 
speaking. 

Art.  14.  The  discussions  shall  be  public,  unless  decency  or 
other  important  circumstances  require  them  to  be  secret. 

Art.  15.  The  secret  discussions  shall  continue  as  long  as  the 
subject  may  require. 

Art.  16.  The  vote  on  all  ordinary  subjects  shall  be  taken  by 
calling  upon  those  who  approve  to  rise,  and  those  who  disapprove 
to  keep  their  seats. 

Art.  17.  Whenever  the  subject  is  an  important  one,  or  when- 
ever any  member,  in  order  to  save  his  own  responsibility,  or  for 
public  information,  should  call  for  the  ayes  and  noes,  the  vote 
shall  be  taken  in  that  way  and  recorded,  each  member,  as  called, 
pronouncing  his  name,  and  stating  whether  he  approves  or  dis- 
approves. 

Art.  18.  The  vote  can  also  be  taken  by  secret  ballot  whenever 
the  question  is  relative  to  appointments,  or  whenever  it  may  be 
deemed  necessary.  Such  secret  ballot  may  be  taken  by  each 
member  approaching  the  president  or  secretary,  and  signifying 
his  vote,  which  shall  be  registered  in  his  presence,  or  by  means 
of  tickets  which  shall  be  delivered  to  the  president,  who  will  de- 
posit them  in  a  ballot  box,  and  the  secretary  shall  take  them  out, 


Minutes  of  the  Ayuntamiento  of  San  Felipe  de  Austin     315 

one  by  one,  and  pass  them  to  the  president,  who  will  read  them 
aloud,  and  declare  the  result  of  the  election. 

Art.  19.  Should  the  president,  presiding,  not  be  a  regidor  he 
shall  have  no  vote,  except  in  cases  of  a  tie  and  in  elections,  in 
which  he  shall  always  have  a  vote;  should  there  be  a  tie  in  elec- 
tions the  vote  shall  be  repeated;  and  in  case  of  a  tie  the  second 
time  it  shall  be  decided  by  lot. 

Art.  20.  In  all  votes  a  majority  of  one  more  than  half  the 
members  present  shall  be  sufficient  to  decide  the  question. 

Art.  21.  Good  order  shall  be  observed  in  all  debates,  and  all 
harsh  or  offensive  expressions  against  any  member  of  the  corpo- 
ration shall  be  avoided.  The  debates  shall  not  deviate  farther 
from  the  subject,  under  discussion,  than  may  be  necessary  to  its 
elucidation. 

Art.  22.  Whenever  the  subject,  under  discussion,  is  relative 
fo  any  member  present,  or  to  debts  due  by  him  in  which  the  cor- 
poration are  interested,  he  shall  immediately  retire,  in  order  that 
the  vote  on  the  subject  may  be  unembarrassed;  he  shall,  however, 
have  the  right  of  making  an  explanation  of  the  matter  before  the 
vote  is  taken. 

CHAPTER  III 

OF   THE    PRESIDENT   AND   HIS   ATTRIBUTIONS 

Art.  23  The  alcalde  or  regidor,  as  the  case  may  be,  who  pre- 
sides over  the  corporation,  shall  report  the  subjects  which  are  to 
be  acted  on  by  that  body,  and  designate  the  order  in  which  they 
shall  be  taken  up  according  to  their  importance;  and  he  shall 
also  : 

1st.  Declare  whose  turn  it  is  to  speak,  in  conformity  as  the 
members  may  have  signified  their  intention  so  to  do, 

2d.  Call  members  back  to  the  subject  under  discussion  who 
may  deviate  from  it, 

3d.     Call  to  order  those  who  are  rude  or  disrespectful, 

4th.  Adjourn  the  session  to  the  clay  designated  by  this  ordi- 
nance, and  convoke  extra  sessions  when  necessary, 

5th.  Fine  those  who  neglect  their  duty  without  a  good  and 
sufficient  cause, 

6th.  Require  the  members  to  appear  at  the  session  in  a  decent 
manner,  and  cause  the  hall  to  be  cleared  when  a  secret  session  is 


316'  The  Southwestern  Historical  Quarterly 

ordered,,  or  when  the  spectators  are  disorderly,  first  calling  them 
to  order, 

7th.  Conduct  the  correspondence  of  the  ayuntamiento,  which 
shall  be  countersigned  by  the  secretary, 

8th.  See  that  the  orders  of  the  ayuntamiento,  which  are  com- 
mitted to  his  charge,  are  duly  complied  with, 

9th.  And  finally,  he  shall  see  that  each  one  of  the  articles  of 
this  ordinance  are  duly  and  strictly  complied  with. 

CHAPTER  IV. 

OP   THE  DUTIES  AND  POWERS   OF  THE  AYUNTAMIENTO,  AND  OF   THE 
REGIDORS  AND  SINDICO  PROCURADOR. 

Art.  24.  The  regidors  and  procurador  have  the  right  of  speak- 
ing and  voting  in  the  ayuntamiento,  and  that  body  shall  faith- 
fully discharge  all  the  duties  prescribed  by  law  No.  37,  regulat- 
ing the  Executive  Department  of  the  State  Government,  and  espe- 
cially from  art.  97  to  157,  inclusive,  of  said  law,  adopting  the 
necessary  measures  for  that  purpose. 

Art.  25.  The  alcalde,  regidors  and  procurador  can  be  accused 
before  the  ayuntamiento,  by  any  individual  of  that  body,  for  any 
neglect  of  duty  in  their  respective  offices. 

Art.  26.  The  ayuntamiento  shall  also  watch  over  the  conduct 
of  the  officers  of  the  national  government  within  their  jurisdic- 
tion, aoid  report  any  mal-conduct  of  said  officers  to  the  alcalde,  and 
the  sindico  procurador  shall  deliver  to  him  such  documents  as  he 
may  have  on  the  subject  and  deem  necessary,  in  order  that  the 
said  alcalde  may  report  the  same  to  the  government,  to  be  acted 
upon  as  it  may  deem  proper. 

Art.  27.  The  sindico  procurador  is  the  procurator,  (personero) 
of  all  the  civil  affairs  of  the  municipality,  and  it  is  his  duty  to 
render  an  account  to  the  ayuntamiento  of  the  state  of  said  affairs. 

Art.  28.  The  ayuntamiento  can  enact  municipal'  regulations 
(bandos)  relative  to  the  affairs  of  police  and  good  order,  basing 
them  on  the  laws,  and  causing  them  to  be  obeyed  by  fines,  appli- 
cable to  the  municipal  funds;  and  it  can  particularly  pass  regu- 
lations or  orders  on  the  following  subjects: 

1st.  Establishing  the  boundaries  of  the  town  and  lands,  ap- 
pertaining to  it,  which  cannot  be  given  to  individuals,  because  they 
belong  to  the  permanent  funds  of  the  town,  fondo  de  proprios. 


Minutes  of  the  Ayuntamiento  of  San  Felipe  de  Austin     317 

2d.  Eelative  to  the  height,  quality  and  construction  of  all 
fences  of  fields,  pastures,  pens,  or  other  lots. 

3d.  Relative  to  the  roads  and  public  bridges  of  the  jurisdic- 
tion, specifying  the  manner  of  establishing  and  laying  them  off, 
opening  and  completing  them,  either  by  means  of  a  tax  in  money, 
or  by  the  personal  labor  of  the  inhabitants,  divided  in  just  and 
equitable  proportions  according  to  the  circumstances. 

4th.  Relative  to  the  timber  and  woods  belonging  to  the  com- 
mons of  the  town,  and  fining  those  who  cut  wood  from  them, 
without  permission  from  the  corporation. 

5th.  Relative  to  ferries  over  the  rivers,  where  it  is  necessary  to 
keep  boats ;  granting  licenses  to  individuals  to  establish  them,  sub- 
ject to  such  rules  and  instructions  as  the  ayuntamiento  may  make 
on  the  subject. 

6th.  Relative  to  the  firing  of  the  prairies  or  woods  to  the  prej- 
udice or  injury  of  individuals. 

7th.  Relative  to  the  appointment,  duties,  and  emolument  of 
the  public  surveyors  of  the  municipality,  to  survey  scientifically 
the  public  roads,  also  the  streets,  public  squares  and  lots  of  towns, 
according  to  their  original  plans;  and,  also,  all  tracts  or  portions 
of  land  which  may  be  sold  by  the  inhabitants  to  each  other,  in 
order  to  prevent  titles  or  deeds  for  land,  from  being  made  be- 
tween individuals,  without  a  previous  scientific  survey,  by  a  sur- 
veyor appointed  for  that  purpose,  who  shall  be  responsible  for  the 
exact  and  faithful  discharge  of  his  duties;  because,  without  this 
precaution,  there  will  be  numberless  sales  and  transfers  of  land 
between  individuals,  with  the  limits  designated  by  imaginary 
lines,  without  being  measured  or  marked;  the  inevitable  result  of 
which,  must  be  confusion  and  litigation,  in  future,  between  ad- 
joining proprietors;  and  it  being  the  duty  of  the  ayuntamiento  to 
watch  over  the  interests  of  the  inhabitants,  and  the  tranquility 
of  the  municipality,  it  should  particularly  do  so  by  the  appoint- 
ment of  municipal  surveyors,  and  the  regulation  of  their  duties. 

8th.  Relative  to  the  extermination  of  wolves,  tigers  and  other 
a-nimals  of  prey;  and  prohibiting  the  useless  destruction  of  deer 
and  buffalo. 

9th.  Relative  to  horses,  mules,  cattle,  sheep',  goats,  hogs,  etc. 
that  have  strayed  off  from  their  owners. 

10th.     Relative    to    tippling    shops,    taverns,    drunkenness    and 


318  The  Southwestern  Historical  Quarterly 

gambling,  in  order  to  prevent  the  abuses,  disorders  and  evils  re- 
sulting from  unrestrained  liberty  in  those  things. 

llth.  Relative  to  poor  orphans,  beggars,  cripples,  and  infirm 
aged  persons,  who  are  incapable  of  supporting  themselves. 

Art.  29.  The  ayuntamiento,  so  far  as  circumstances  will  per- 
mit, shall  promote  the  establishment  of  a  school  in  the  capital  of 
the  municipality,  for  the  purpose  of  teaching  the  English  and 
Spanish  languages,  for  which  purpose  they  will  form  a  plan  and 
transmit  it  to  the  governor,  through  the  regular  channel,  to  be 
presented  to  the  legislature  for  approval. 

Art.  30.  The  attention  of  the  ayuntamiento  shall  be  principally 
and  particularly  directed  to  the  local  police  of  the  municipality, 
comprehending  the  important  subjects :  the  security  of  persons  and 
property  of  the  inhabitants,  the  public  health  and  convenience, 
and  the  ornament,  regularity  and  good  appearance  of  the  town. 

Art.  31.  These  objects  shall  be  divided  out  amongst  perma- 
nent committees,  who  shall  execute  the  orders  and  instructions  is- 
sued on  the  subject  by  the  ayuntamiento,  observing  also  the  pro- 
visions of  law  37. 

CHAPTER  V. 

OF    MEETINGS    ON   DAYS   OP   PUBLIC    FESTIVALS. 

Art.  32.  The  ayuntamiento  shall  convene  on  the  days  desig- 
nated by  law  as  National  Festivals. 

Art.  33.  Whenever  that  body  is  convened  by  the  president,  to 
any  of  the  above  named  sessions,  no  member  shall  fail  to  attend 
without  a  good  and  sufficient  reason  under  the  penalty  of  three 
dollars,  applicable  to  the  municipal  funds. 

Art.  34.  On  such  occasions  the  military,  and  national  and  state 
officers,  shall  take  the  station  in  the  ayuntamiento  next  after  the 
alcalde. 

Art.  35.  The  uniform  and  badges  designated  by  law,  are  the 
only  ones  which  shall  be  used  on  such  occasions ;  and  they  shall  be 
worn  with  proper  decency  and  decorum. 

Art.  36.  Should  the  governor  or  lieut.  governor  of  the  state 
visit  this  town,  and  wish  to  attend  any  such  public  sessions,  a  com- 
mittee of  the  ayuntamiento  shall  wait  upon  him,  at  his  lodgings 
and  conduct  him  from  thence  to  the  municipal  hall,  to  proceed 
from  thence  to  the  church,  in  procession,  and  at  the  conclusion, 
the  same  committee  shall  reconduct  him  back  to  his  lodgings. 


Minutes  of  the  Ayuniamiento  of  San  Felipe  de  Austin     319 
CHAPTER  VI. 

OF  THE  SECRETARY  OF  THE  AYUNTAMIENTO. 

Art.  37.  It  shall  be  the  duty  of  the  secretary  to  record  all  the 
acts  of  the  ayuntamiento,  in  both  the  English  and  Spanish  lan- 
guages, placing  one  opposite  to  the  other,  in  the  same  book,  to 
avoid  mistakes. 

Art.  38.  He  shall  also  translate  into  English,  in  writing^  all 
the  orders  and  decrees  which  he  may  receive  from  the  ayunta- 
miento or  its  president;  and  he  shall  file  such  translation  with  its 
respective  original,  to  prevent  their  being  lost  or  misplaced;  it 
being  well  understood  that,  should  the  secretary  fail  to  comply 
with  the  duties  imposed  on  him,  by  this  and  the  foregoing  article, 
he  shall  suffer  the  penalty  of  twenty-five  dollars,  applicable  to  the 
municipal  funds. 

Art.  39.  The  secretary  shall  keep  a  book  of  acts,  in  which  shall 
be  recorded  a  brief,  clear  and  substantial  account  of  all  matters 
discussed  and  put  to  vote  in  the  ayuntamiento,  and  of  every  reso- 
lution of  that  body,  whatever  may  be  its  nature. 

Art.  40.  He  shall  give  information  on  any  subject,  whenever 
it  may  be  necessary  for  him  to  do  so,  but  without  taking  part  in 
the  discussion. 

Art.  41.  He  shall,  on  the  opening  of  each  session,  read  the 
record  of  the  proceedings  of  the  last  session,  which  being  ap- 
proved of,  or  amended,  by  that  body,  he  shall  render  an  account 
of  the  public  correspondence  and  all  other  matters  which  may 
have  occurred. 

Art.  42.  The  archives  of  the  ayuntamiento  shall  be  under  his 
charge  and  responsibility;  and  be  will  deliver  such  documents  as 
may  be  called  for  by  the  committees,  alcalde,  regidors,  state's 
attorney,  attorney  appointed  by  the  ayuntamiento  to  defend  its 
interest,  or  any  other  public  functionary,  requiring  a  receipt  from 
the  person  taking  such  documents. 

Art.  43.  He  shall  not  permit  any  individual  (not  compre- 
hended in  the  preceding  article)  to  take  from  the  office,  any  papers 
or  documents  that  have  been  filed  or  recorded;  but  he  can  permit 
the  examination  of  them  in  the  office,  and  in  no  other  way. 

Art.  44.  He  shall  also  execute  whatever  the  corporation  may 
order  relative  to  the  discharge  of  his  duties. 


320  The  Southwestern  Historical  Quarterly 

Art.  45.  The  secretary,  as  an  individual  of  the  ayuntamiento, 
shall  attend  all  the  public  sessions,  on  festival  days,  and  shall 
wear  the  badges  and  uniform  corresponding  to  him,  and  shall 
take  the  seat  next  after  the  procurador. 

Art.  46.  He  can  be  removed  from  his  offilce  by  a  resolution  of 
the  ayuntamiento;  but  his  salary  cannot  be  augmented  or  dimin- 
ished without  the  approbation  of  the  government. 

Art.  47.  In  case  of  the  sickness,  absence,  or  other  impedi- 
ment, which  prevents  the  secretary  from  discharging  his  duties 
the  ayuntamiento,  can  appoint  an  individual  to  supply  his  place, 
in  conformity  with  art.  149,  of  law  37,  regulating  the  executive 
department  of  the  state  government. 

CHAPTER  VII. 

OF  THE   MUNICIPAL  FUNDS. 

Art.  48.  There  shall  be  a  treasurer,  (depositario,)  to  take 
charge  of  the  municipal  funds,  who  shall  be  appointed  by  the  ayun- 
tamiento annually,  under  its  responsibility:  any  member  can  save 
himself  from  said  responsibility  by  expressly  entering  on  the 
journal,  at  the  time  the  vote  is  taken,  that  he  did  not  vote  for 
the  person  appointed  by  the  majority,  and  therefore  will  not  be 
responsible  for  him. 

Art.  49.  The  treasurer  shall  keep  an  exact  account,  with  the 
proper  vouchers  of  the  ingress  and  egress  of  all  the  funds  placed 
under  his  charge. 

Art.  50.  The  person  shall  be  elected  treasurer  who  receives  a 
majority  of  the  votes  of  the  members  present  at  the  election. 

Art.  51.  The  treasurer  may  be  elected  from  the  members  of 
the  ayuntamiento,  or  from  the  other  citizens  of  the  municipality, 
and  he  can  be  re-elected  without  limit. 

Art.  52.     The  duties  of  the  treasurer  shall  be: — 

1st.  To  keep  an  exact  account  of  the  ingress  and  egress  of 
the  funds  committed  to  his  charge,  with  each  item  authenticated 
by  its  proper  voucher. 

3d.  He  shall  only  make  the  payments  which  may  be  ordered 
by  the  ayuntamiento. 

3d.  He  shall  form  a  general  account  of  said  funds  at  the  end 
of  each  year,  and  present  it  to  the  ayuntamiento1,  to  be  revised, 
authorised  and  transmitted  to  the  government  for  its  approbation. 


Minutes  of  the  Ayuntamiento  of  San  Felipe  de  Austin     321 

Art.  53.  The  ayimtamiento  shall  not  order  any  disposition  of 
said  funds,  which  are  not  peculiarly  applicable  to  the  expenses  of 
the  municipality,  and  which  have  not  been  previously  approved 
of  by  the  government. 

Art.  54.  Should  the  treasurer  make  any  exhibitions  in  his 
accounts  other  than  those  above  designated,  he  shall  not  receive 
credit  for  them  at  the  time  of  revisal  and  approval  of  the  account. 

Art.  55.  The  treasurer  shall  receive  an  emolument  of  two  and 
a  half  per  cent,  on  the  whole  amount  of  funds  he  receives  during 
the  year  of  his  appointment. 

CHAPTER  VIII. 
OF  TAXES,  (ARBITRIOS.) 

Art.  56.  In  the  years  1829  and  1830,  there  shall  be  collected 
from  the  proprietors  of  property  hereinafter  enumerated,  the  fol- 
lowing sums,  to  wit:  At  the  rate  of  four  and  a  half  dollars  for 
each  league  of  land;  and  at  the  rate  of  one  dollar  for  each  labor 
granted  in  the  jurisdiction  of  Austin;  half  a  bit,  (6J  cents)  per 
head,  for  each  head  of  horned  cattle  over  one  year  old;  four  bits 
per  head  for  each  head  of  American  horses;  one  bit  per  head  for 
each  head  of  common  or  unbroken  horses  or  brood  mares;  two  bits 
per  head  for  each  head  of  mules;  six  bits  per  head  for  each  head 
of  jacks  (burro;)  two  cents  for  each  head  of  hogs;  two  dollars 
for  each  negro  servant;  one  dollar  for  each  town  lot;  two  dollars 
for  each  out  lot,  belonging  to  the  plan  of  the  town. 

Art.  57.  Each  person  who  exercises  the  profession  of  public 
agent  to  attend  to  the  business  of  individuals,  before  the  alcalde 
of  the  jurisdiction  of  Austin,  shall  pay  25  dollars  annually — these 
persons  are  those  who  act  as  lawyers: — And  should  the  person 
acting  as  agent,  as  aforesaid,  be  a  foreigner,  not  legally  estab- 
lished in  this  country,  he  shall  pay  one  hundred  and  fifty  dollars 
annually  to  exercise  the  agency  spoken  of  in  the  first  part  of 
this  article. 

Art.  58.  Each  person  who  sells  merchandise  in  the  jurisdiction 
of  Austin,  and  who  is  a  foreigner  not  legally  established,  agree- 
ably to  the  Law  of  Colonization,  as  an  inhabitant  of  said  juris- 
diction, shall  pay  to  the  municipal  funds  the  sum  of  one  hundred 
and  fifty  dollars,  for  each  store  or  establishment,  and  shall  take 
out  a  license  to  that  effect,  for  each  store  or  establishment,  from 


322  The  Southwestern  Historical  Quarterly 

the  ayuntamiento,  to  sell  goods  in  said  jurisdiction  for  one  year 
from  its  date;  and  whoever  sells,  or  attempts  to  sell,  any  mer- 
chandise whatever,  within  said  jurisdiction,  before  he  shall  have 
presented  himself  to  the  ayuntamiento,  paid  the  said  hundred  and 
fifty  dollars,  and  taken  out  said  license,  shall  incur  the  penalty 
of  treble  the  amount  of  said  licence. 

A  foreigner  who  delivers  his  merchandise  to  a  citizen  of  the 
jurisdiction  to  sell  for  him,  shall  pay  five  per  cent,  on  the  amount 
of  sales,  and  the  person  who  sells  them  shall  be  responsible  for 
the  same,  for  which  purpose  he  shall  render  a  certified  account 
under  oath,  every  three  months,  to  the  ayuntamiento,  of  the 
amount  which  he  may  have  sold  of  merchandise  belonging  to  a 
foreigner;  and  shall  pay  over  to  the  treasurer  of  the  ayuntamiento, 
every  three  months,  the  said  five  per  cent,  on  such  sales,  under 
the  penalty  of  treble  the  amount  which  he  fails  to  render  an 
account  of. 

Art.  59.  Each  merchant  of  the  jurisdiction,  legally  established, 
according  to  the  Law  of  Colonization,  shall  pay  to  the  municipal 
funds  twenty-five  dollars,  for  each  store  or  establishment  which 
he  may  have  in  the  jurisdiction,  and  shall  take  out  a  licence  from 
the  ayuntamiento  to  sell  goods  within  the  same,  for  one  year  from 
its  date.  Whoever  sells,  or  attempts  to  sell,  any  merchandize 
whatever,  within  said  jurisdiction,  not  being]  of  the  produce  of 
the  same,  before  he  shall  have  presented  himself  to  the  ayunta- 
miento, paid  the  said  twenty-five  dollars,  and  taken  out  the  said 
licence,  shall  incur  the  penalty  of  treble  the  amount  of  said  licence. 

Art.  60.  Each  person  who  establishes  a  tipling  shop  or  grocery, 
for  the  retail  of  liquors,  being  a  foreigner  not  legally  established, 
shall  pay  one  hundred  and  fifty  dollars  a  year,  for  which  purpose 
he  shall  take  out  a  licence,  as  in  the  other  cases,  and  shall  be  sub- 
ject to  the  same  penalties,  and  should  he  deliver  his  liquor  to  a 
citizen,  to  sell  for  him,  he  shall  pay  five  per  cent.,  as  in  cases  of 
merchandise,  under  the  same  regulations  before  established. 

Art.  61.  Each  person  who  establishes  a  tipling  shop  or  grocery 
for  the  sale  of  liquors,  being  a  citizen  legally  established,  shall 
pay  to  the  municipal  funds  fifty  dollars  a  year,  and  shall  take  out 
a  license  to  that  effect,  from  the  ayuntamiento,  under  the  same 
formalities  and  subject  to  the  same  penalties  as  in  other  cases. 


Minutes  of  the  Ayuntamiento  of  San  Felipe  de  Austin     323 

Art.  62.  It  is  positively  prohibited  that  any  person  who  has 
not  taken  out  a  licence  for  a  tipling  shop  or  grocery  shall  sell 
under  any  pretext  whatever,  any  ardent  spirits  or  wine,  in  a  less 
quantity  than  one  gallon,  English  measure;  and  it  is  also  pro- 
hibited that  any  portion  of  this  quantity  be  drank  in  the  store, 
or  in  its  door  or  porch,  portal;  whoever  fails  in  complying  with 
this  article,  shall  incur  the  penalty  of  paying  the  value  of  a  retail 
licence;  whoever  sells  dry-goods  in  a  store  licenced  as  a  grocery, 
shall  pay  the  value  of  a  dry  goods  licence,  besides  that  of  a  grocery 
licence. 

Art.  63.  Whoever  may  wish  to  establish  a  public  house  or 
tavern,  shall  take  out  a  license  to  that  effect  from  the  ayunta- 
miento,  which  shall  be  given  gratis  under  the  regulations  and' 
restriction,  which  it  may  deem  necessary  to  prevent  such  taverns 
from  becoming  the  receptacle  of  suspicious  persons  or  that  any 
other  liquor  is  sold  at  them,  than  what  may  be  necessary  for  the 
consumption  of  the  guests.  The  ayuntamiento  shall  have  said 
taverns  under  its  inspection,  and  can  annul  the  licence  before 
mentioned,  and  exact  the  value  of  a  tipling  shop  licence,  whenever 
in  the  opinion  of  the  ayuntamiento,  such  tavern  has  become  more 
properly  a  tipling  house,  than  one  for  the  accommodation  of 
travellers. 

Art.  64.  Any  sales,  of  merchandise  or  liquors,  made  on  board 
of  any  vessel  or  boat  in  the  bays  or  rivers  are  comprehended  in  the 
foregoing  articles. 

Art.  65.  The  ayuntamiento  under  its  responsibility,  shall  form 
such  general  rules,  as  may  be  necessary  to  collect  the  said  taxes, 
enforcing  the  exact  observance  of  them  by  fines,  and  it  shall  form 
a  list  comprehending  the  names  of  each  taxable  individual  and 
the  amount,  which  he  or  she  has  to  pay  in  conformity  with  the 
basis  herein  established;  copies  of  which  list  shall  be  put  up  in 
6  public  places  at  least,  besides  the  one  which  must  be  posted 
up  at  the  capital  of  the  jurisdiction,  in  order  that  all  persons  may 
be  informed  thereof,  which  amount  shall  be  paid  on  or  before  the 
first  of  November,  for  the  year  1829,  to  the  treasurer  of  the  public 
funds  and  for  the  year  1830,  the  half  shall  be  paid  by  the  first 
of  June  and  the  other  half  by  the  first  of  November,  of  the  said 
year,  and  the  alcalde  at  the  request  of  the  ayuntamiento  shall 
deliver  to  the  sheriff,  alguacil,  of  the  jurisdiction  an  execution 


324  The  Southwestern  Historical  Quarterly 

against  the  property  of  the  person  who  fails  in  said  pajrment,  with 
orders  to  make  the  money  by  the  public  sale  of  the  property  of 
the  delinquent,  in  the  term  of  twenty  days  and  the  cost  of  said 
execution  shall  be  paid  by  the  delinquent. 

Art.  66.  All  the  funds  that  remain  after  appropriating  what 
may  be  necessary  for  the  court-house,  jail  and  ordinary  expenses, 
shall  be  applied  to  the  building  of  a  school-house. 

Art.  67.  All  the  foregoing  taxes  shall  cease  without  any  pre- 
text whatever,  at  the  end  of  the  year  1830,  and  the  ayuntamiento, 
shall  in  anticipation,  form  and  transmit  to  the  government,  a 
plan  of  permanent  or  real  funds,  proprios,  and  taxes,  arbitrios, 
which  are  to  be  perpetually  collected  to  meet  the  ordinary  and 
annual  expenses  of  the  corporation. 

The  Governor  of  the  State  shall  cause  it  to  be  complied  with, 
printed,  published  and  circulated. 

Given,  in  the  City  of  Leona  Vicario,  30th  May,  1829. 

Jose  Manuel  Cardenas,  President — Ramon  Garcia  Rojas,  Mem- 
ber and  Secretary — J.  Maria  Aragon,  Member  and  Secretary. 

Therefore,  I  order  it  to  be  printed,  published  and  circulated, 
and  due  compliance  be  given  to  it. 

Leona  Yicario,  7th  June,  1829. 

Jose  Maria  Viesca. 

Santiago  Del  Valle,  Sec.  of  State.] 

[p.  lla]  Town  of  San  Felipe  de  Austin,  Dec.  21,  1828. 
There  was  a  meeting  of  the  ayuntamiento  of  the  jurisdiction 
of  Austin  and  the  presidents,  secretaries,  and  tellers  of  the  munici- 
pal assemblies,  which,  in  accordance  with  an  order,  were  convoked, 
as  provided  by  article  164  of  the  State  Constitution,  on  the  second 
Sunday  and  day  following  to  elect  the  members  of  the  new  ayunta- 
miento. From  the  lists  formed  in  the  electoral  assemblies  the  fol- 
lowing list  of  the  votes  cast  for  alcalde  was  made  up,  as  required 
by  article  97  of  law  No.  37,  as  well  as  by  articles  9910  and  100: 

""Art.  97.  In  each  of  the  electoral  municipal  assemblies  which  are 
to  be  held,  in  conformity  with  the  164th  article  of  the  constitution,  on 
the  second  Sunday  and  day  following  of  the  month  of  December,  there 
shall  be  formed  three  lists;  in  one  shall  be  set  down  the  names  of  the 
persons  voted  for  for  alcalde,  without  distinction  of  first,  second  and  third; 
in  another  and  like  manner  those  voted  for  for  regidores;  and  in  the  other 
those  voted  for  for  syndico  procurador." 

"Art.  99.  The  two  days  of  election  in  which  the  polls  are  to  be  kept 
open  being  concluded,  the  president,  tellers,  and  secretary  of  each  elec- 


Minutes  of  the  Ayuntamienio  of  San  Felipe  de  Austin     325 

Joseph  White  received  78  votes,  Stephen  Richardson  59  votes, 
and  Jonathan  C.  Peyton  10  votes. 

Ira  Ingram  Thomas  M.  Duke 

John  McCrosky  Thomas  Davis 

John  Hinkson  Rawson  Alley 
Green  B.  Jameson 

[p.  12]     Town  of  San  Felipe  de  Austin,  Dec.  21,  1828. 

There  was  a  meeting  of  the  ayuntamiento  of  the  jurisdiction  of 
Austin  and  the  presidents,  secretaries,  and  tellers  of  the  munici- 
pal assemblies,  which,  in  accordance  with  an  order,  were  convoked, 
as  provided  by  article  164  of  the  State  Constitution,  on  the  second 
Sunday  and  day  following  to  elect  the  members  of  the  new  ayunta- 
miento. From  the  lists  formed  in  the  electoral  assemblies  the  fol- 
lowing list  of  the  votes  cast  for  regidor  was  made  up,  as  required 
by  article  97  of  law  No.  37,  as  well  as  by  articles  9910  and  100 : 

Hosea  H.  League  received  108  votes,  and  George  B.  Hall  3  votes. 

Ira  Ingram  Green  B.  Jameson 

John  McCrosky  Thomas  M.  Duke 

John  Hinkson  Rawson  Alley 

[p.  12a]     Town  of  San  Felipe  de  Austin,  Dec.  21,  1828. 

There  was  a  meeting  of  the  ayuntamiento  of  the  jurisdiction 
of  Austin  and  the  presidents,  secretaries,  and  tellers  of  the  munici- 
pal assemblies,  which,  in  accordance  with  an  order,  were  convoked, 
as  provided  by  article  164  of  the  State  Constitution,  on  the  second 
Sunday  and  day  following  to  elect  the  members  of  the  new  ayunta- 
miento. From  the  lists  formed  in  the  electoral  assemblies  the  fol- 
lowing list  of  the  votes  cast  for  sindico  procurador  was  made  up, 
as  required  by  article  97  of  law  No.  37,  as  well  as  by  articles  99 
and  100: 

William  Cooper  received  82  votes,  and  Green  B.  Jameson  33 
votes. 

Ira  Ingram  Green  B.  Jameson 

John  McCrosky  Thomas  M.  Duke 

John  Hinkson  Rawson  Alley 

torate  assembly  shall  form  a  list  of  the  votes  received  by  each  individual, 
which  being  done,  it  shall  be  signed  by  said  president,  tellers  and  secre- 
tary, and  sealed  up  and  delivered  to  the  secretary  of  the  ayuntamiento." 


326  The  Southwestern  Historical  Quarterly 

[p.  13]     San  Felipe  de  Austin,  January  1,  1829. 

The  ayuntamiento  of  the  jurisdiction  of  Austin  met,  Present: 
Alcalde  Thomas  M.  Duke,  Eegidor  Thomas  Davis,  and  Sindico 
Procurador  Eawson  Alley.  Absent:  Eegidor  Humphrey  Jackson. 
There  were  also  present  the  newly  elected  members,  with  the  ex- 
ception of  William  Cooper,  sindico  procurador  elect,  who  was  ab- 
sent. The  retiring  president,  in  conformity  with  the  first  article 
of  the  municipal  ordinance,11  as  well  as  in  conformity  with  article 
[104]  of  law  No.  37,  received  from  the  incoming  president,  Joseph 
White,  the  oath  prescribed  by  article  220  [of  the  Constitution]. 
He  in  turn  received  the  oath  from  Hosea  H.  League,  as  regidor 
in  accordance  with  the  articles  of  the  ordinance,  law  No.  37,  and 
Constitution  cited.  Thomas  Davis  in  conformity  with  article  162 
of  the  Constitution  remained  [regidor]  from  the  past  year,  and 
Sindico  Procurador  William  Cooper  being  absent,  did  not  take 
the  oath. 

Thomas  M.  Duke. 

Samuel  M.  Williams,  Secretary  pro  tern. 

[p.  13a]  Town  of  Austin,  January  10,  1829. 
The  ayuntamiento  met  in  special  session,  with  the  president 
and  the  two  regidores  present,  the  sindico  procurador  being  absent. 
The  question  for  discussion  was  submitted  and  the  president  rec- 
ognized H.  H.  Leagne,  2d  regidor,  who  said  that  for  the  better 
procedure  (arreglo)  of  this  ayuntamiento,  as  well  as  to  discharge 
the  duties  imposed  on  the  body  by  the  laws,  it  is  very  necessary 
to  appoint  a  secretary  acquainted  with  the  two  languages,  and 
with  sufficient  knowledge  to  attend  to  its  business.  With  this 
object  he  proposed  that  this  ayuntamiento  appoint  Citizen  Samuel 
M.  Williams  Secretary  of  this  ayuntamiento,  with  the  salary  which 
this  body  may  consider  necessary  in  order  that  the  said  Williams 
may  be  able  to  accept  the  office.  This  body  authorized  Mr.  League, 
the  Secretary  pro  tern.,  to  send  to  the  said  Williams  by  letter 

notice  of  his  appointment. 

J.  White. 
H.  H.  League  [Secretary]  pro  tern. 

nSee  above,  p.  311. 


Book  Reviews  327 


BOOK  REVIEWS 

The  Early  History  of  Cuba,  1492-1586.  By  Irene  A.  Wright. 
(The  Macmillan  Company.  New  York.  1916.  371  pages 
with  Glossary  and  Index.) 

This  book,  as  the  preface  states,  is  the  first  history  of  Cuba 
written  from  the  original  sources.  It  is  divided  into  four  sec- 
tions corresponding  with  the  same  number  of  periods.  The  first, 
from  1492  to  1524,  describes  the  conquest  and  early  settlement 
of  the  Island  by  the  Spaniards.  Some  account  of  the  first  voy- 
ages of  Columbus  is  given,  the  work  of  Ovando  at  Espanola  is 
described,  Las  Casas'  blood-hound  episode  is  revived,  and  finally 
we  are  given  a  picture  of  the  early  conquest  and  government  of 
Cuba  by  Velasquez.  The  latter  is  shown  in  the  unsual  unfavor- 
able light.  With  Cuba  and  the  West  Indies  established  as  a  base 
of  operations,  and  weakened  by  the  migration  of  settlers  to  tierra 
firme,  the  writer  returns  to  "An  Era  of  Stagnation  (1524-1550)." 
Pour  chapters  are  devoted  to  the  relation  of  events  in  Cuba,  one 
treats  of  the  early  Florida  expeditions  from  the  viewpoint  of 
Cuba  and  another  (with  XVI  the  most  enlightening  in  the  book) 
deals  with  the  social,  municipal,  argricultural  and  commercial 
development  of  the  Island  during  this  period.  Notwithstanding 
the  title  of  this  section  it  is  possible  to  see  that  the  Spaniards 
were  established  on  a  firmer  foundation  than  is  suggested,  per- 
haps, by  the  term  "Pestilence  of  the  Repartimiento." 

The  third  division  of  the  book  traces  the  history  of  Cuba*under 
the  "French  Influence/'  which,  we  note,  is  the  author's  way  of 
characterizing  the  piratic  efforts  of  certain  individual  Frenchmen 
after  1537,  Of  French  hostility  there  seem  to  have  been  two 
periods,  before  and  after  1568,  the  first  being  manifested  by 
piracy  and  annoyance,  such  as  isolated  attacks  on  towns  and 
fleets,  and  the  second,  based  on  more  intense  international  rivalry, 
induced  by  the  failure  of  the  Canadian  expeditions,  The  result 
of  this  period  was  the  fortification  of  Havana,  and  the  inaugura- 
tion of  armadas  for  the  protection  of  the  fleets  against  French 
attacks.  The  occupation  of  Florida  and  the  career  of  Menendez 
de  Avila  are  given  briefly  from  the  Cuban  viewpoint,  with  em- 


328  The  Southwestern  Historical  Quarterly 

phasis  as  usual  on  Spanish  savagery.  The  fourth  and  final  section 
of  the  book  treats  of  the  danger  of  the  English  (1567-1586). 
It  gives  briefly  the  European  political  setting:  a  background  of 
Elizabeth's  change  of  policy,  the  new  commercial  England,  and  it 
ends  with  the  operation  of  Drake  in  the  West  Indies.  The  effect 
of  these  events  on  Spain's  policy  and  methods  in  Cuba  were  that 
"Spain  took  a  firm  hold  at  last  upon  her  priceless  possession  of 
Cuba:  'bulwark  of  the  Indies,  key  to  the  New  World/  The  Is- 
land ceased  to  be  a  wayport  of  empire,  a  mere  base  of  operations 
for  exploitation  of  Mexico,  the  southern  continents  and  Florida. 
It  came  to  be  prized  not  alone  for  its  strategical  importance  but 
also  somewhat  for  its  own  inherent  value  in  sugar,  in  copper  and 
in  woods/' 

This  book,  as  the  author  announces  in  the  introduction,  was 
written  on  the  basis  of  original  documents  existing  in  the  Archive 
of  the  Indies  at  Seville,  "with  regard,  however,  to  the  few  pub- 
lished works  which  are  of  value  in  a  study  of  this  portion  of 
Cuba's  development."  The  author  then  proceeds  to  a  statement 
that  the  history  of  the  Island  has  not  been  written  until  this 
present  book.  The  statement  is  also  made  that  in  the  compila- 
tion of  this  book,  secondary  books  have  been  ignored,  even  Pezuela, 
because  of  the  confidence  that  "there  has  passed  through  my 
hands  a  greater  wealth  of  material  for  the  writing  of  the  history 
of  Cuba  than  any  other  person  has.  handled."  It  is  usually  dan- 
gerous to  attempt  a  treatment  of  the  institutions  of  Spanish 
America,  even  in  the  early  period,  without  a  reference  at  least, 
to  the  recognized  authorities  who  have  written  on  the  general  sub- 
ject. It  is  axiomatic  that  the  exclusive  use  of  documents  may 
and  almost  always  does  lead  one  astray.  Surely  the  judgment  of 
those  who  have  already  written  on  Cuba  and  Spanish  America 
should  not  be  laid  aside  so  summarily.  Solorzano,  Helps,  Ban- 
croft, Robertson,  Lowery,  Vander  Linden,  Moses  should  be  con- 
sidered when  one  traces  the  early  institution  and  movements  in 
Spanish  America, 

Although  the  writer  acknowledges  the  necessity  of  citing  au- 
thorities, there  is  not  a  direct  citation  in  the  book.  The  author 
has  incorporated  an  imposing-looking  legajo-list  in  the  foreword 
of  each  section,  but  this  is  not  sufficient.  A  multitude  of  errors 


Book  Reviews  329 

may  be  concealed  in  a  legajo-list,  and  any  scholar  who  desires  to 
verify  a  statement  or  follow  a  lead  indicated  in  this  book  will 
have  to  search  through  fifty  legajos  at  least.  For  this  technical 
reason  alone  the  book  will  fail  to  convince.  It  is  avowedly  an 
attempt  at  historical  scholarship,  composed  without  the  necessary 
tools,  and  written  in  popular  style,  wherein  Cuba  is  referred  to 
as  "a  lemon  little  worth  of  squeezing''  (p.  212),  Mazariegos  is 
characterized  as  "the  man  for  the  job"  (p.  245)  and  Gallegos  got 
a  "ducking  in  the  bay/'  being  "doused"  (p.  274)  repeatedly. 

The  most  serious  defect  of  the  book  lies  in  its  lack  of  perspec- 
tive. While  the  repartimiento  may  have  been  a  pestilence  in 
Cuba,  there  is  no  inkling  of  the  author's  appreciation  of  its  bene- 
fits in  Cuba  or  elsewhere.  The  Church,  the  Inquisition  and  Span- 
ish bigotry  are  all  characterized  as  if  for  the  first  time,  when,  as 
a  matter  of  fact,  only  the  old-fashioned  or  extremely  superficial 
historical  writer  harps  on  that  chord  any  more.  It  seems  strange 
that  more  than  a  year  of  research  in  the  best  colonial  archive  in 
Spain  could  not  be  productive  of  a  more  enlightening  and  sym- 
pathetic treatment  of  Spain's  early  colonial  institutions,  which 
were  a  hundred  years  in  advance  of  those  of  any  other  colonizing 
nation.  A  very  summary  review  of  the  obvious  phases  of  Eng- 
lish and  French  history  will  reveal  that  Spain  was  not  alone  in 
religious  bigotry.  The  same  may  be  said  with  regard  to  Spain's 
lust  for  gold,  the  blood-hound  hunts  and  other  cruelties  so  ma- 
liciously perpetrated.  (Compare  Few  England  cruelties  in 
Pequod  and  King  Philip's  Wars.)  Unfavorable  comment  abounds 
in  this  volume  relative  to  Spain's  restrictive  commercial  policy, 
with  contrasts  to  that  of  England  and  France.  The  author  misses 
the  splendid  opportunity  to  recognize  that  Spain  was  a  pioneer 
in  the  upbuilding  of  a  commercial  and  colonial  system  and  that 
her  errors  were  but  little  more  extensive  than  those  of  her  com- 
petitors, during  the  early  period.  History  does  not  justify  the 
depiction  of  Drake  and  the  other  freebooters  of  his  nation  and 
time  in  the  role  of  angels  of  righteousness  and  deliverance  (see 
pages  28-36,  195-196,  211-212,  243-244,  271,  272.)  However 
accurate  may  be  the  statements  which  Miss  Wright  miakes,  there 
is  an  undue  and  disproportionate  emphasis  on  the  defects  and  too 
little  reference  to  the  constructive  work  of  Spain  which  was  to 


330  The  Southwestern  Historical  Quarterly 

obtain  through  three  centuries  and  lay  the  racial,  social  and  po- 
litical foundation  for  a  discriminating  and  intelligent  Common- 
wealth. 

Untranslatable  Spanish  words  are  very  properly  used  in  the 
text,  but  as  long  as  it  is  possible  to  be  absolutely  correct,  there 
is  no  excuse  for  the  total  absence  of  accents  from  such  words  as 
bohio,  cedula,  maravedi,  clerigo,  ineditos,  coleccion,  camam,  fun- 
dicion,  and  every  other  word  requiring  an  accent.  Naburia  (on 
page  152)  appears  as  nciboria  on  195.  One  is  correct.  Mara- 
vedises  (174)  is  inaccurate.  It  is  to  be  hoped  that  the  volume 
which  succeeds  this,  if  there  be  one,  may  be  written  in  the  third 
person,  and  not  in  the  first.  Because  it  is  written  in  English 
and  gives  a  connected  history  of  Cuba  in  the  sixteenth  century, 
this  volume  will  be  of  use  to  the  general  reader  and  the  class- 
room student.  ' 


NEWS  NOTES 

The  annual  meeting  of  the  Pacific  Coast  Branch  of  the  Ameri- 
can Historical  Association  was  held  at  Berkeley,  California,  on 
November  30  and  December  1.  At  that  meeting  two  papers  of 
general  interest  to  students  of  Spanish-American  history  were 
read.  These  papers  were  "A  Forgotten  Pioneer  of  American  His- 
tory— John  G-ilmary  Shea,"  by  Father  Joseph  Grleason,  of  Palo 
Alto,  California,  and  "The  Influence  of  the  United  States  in  the 
Opening  of  the  Amazon  River  to  the  World's  Commerce,"  by 
Professor  Percy  A.  Martin,  of  Stanford  University. 

Officers  of  the  association  for  the  ensuing  year  are:  President, 
Rev.  Joseph  Gleason,  Palo  Alto,  California;  Vice-President,  Pro- 
fessor 0.  H.  Richardson,  University  of  Washington;  Secretary- 
Treasurer,  Professor  W.  A.  Morris,  University  of  California; 
Members  of  the  Council,  Professor  E.  M.  Hume  of  the  Univer- 
sity of  Idaho,  R.  C.  Clark  of  the  University  of  Oregon,  Waldemar 
Westergaard  of  Pomona  College,  'and  Miss  Edna  Stone  of  the 
University  High  School,  Oakland,  California. 

Mr.  E.  L.  Doheny,  Los  Angeles  multi-millionaire  oil  operator, 
has  given  $100,000  as  an  endowment  for  the  Doheny  Research 


News  Items  331 

Commission  of  the  University  of  California,  The  purpose  of  this 
commission  is  to  make  a  thoroughly  scientific  investigation  of 
conditions — economic,  social,  and  political — of  Mexico  at  the 
present  time.  The  results  of  the  commission's  investigations  are 
to  be  published  when  completed. 

The  executive  committee  of  the  commission  is  composed  of 
Professors  Herbert  E.  Bolton  and  Bernard  Moses  of  the  Univer- 
sity of  California;  Professor  Chester  Lloyd  Jones  of  the  Univer- 
sity of  Wisconsin;  Dr.  Thomas  Jesse  Jones  of  the  Bureau  of 
Education;  Dr.  Fred  W.  Powell,  of  New  York,  and  Professor  G. 
W.  Scott  of  Occidental  College.  Other  members  of  the  cominisr- 
sion  are  Dean  F.  H.  Probert  and  Professors  Herbert  I.  Priestley 
and  Jessica  Peixotto  of  the  University  of  California;  Professor 
Bichard  T.  Ely  of  the  University  of  Wisconsin;  Dr.  James  A. 
Robertson  of  the  Carnegie  Institution;  Professor  Percy  A.  Mar- 
tin of  Stanford  University;  Professor  Theodore  Macklin  of  Kan- 
sas State  Agricultural  College;  Professor  W.  W.  Cumberland  of 
the  University  of  Minnesota;  Dr.  E.  B.  Christie  of  the  Bureau 
of  Ethnology;  Dr.  Arthur  Young  of  Princeton  University;  Pro- 
fessor E.  G.  Cleland  of  Occidental  College;  Dr.  H.  E.  Bard  of 
the  Pan-American  Society,  New  York;  Dr.  H.  M.  Branch  of  New 
York  and  Mexico  City;  and  Dr.  E.  C.  Moore,  President  of  the 
Los  Angeles  State  Normal. 

Judge  Seth  Shepard  died  at  Washington,  D.  C.,  December  3, 
1917.  Judge  Shepard  secured  the  return  to  the  State  of  the 
original  manuscript  declaration  of  the  independence  of  Texas, 
which  had  found  its  way  into  the  archives  at  Washington.  He 
contributed  the  "Introduction"  and  an  account  of  "The  Siege 
and  Fall  of  the  Alamo"  to  "A  Comprehensive  History  of  Texas." 

The  Texas  History  Teachers'  Bulletin,  VI,  No.  1  (November, 
1917),  prints  ten  letters  written  to  Stephen  F.  Austin  during 
1821  and  1S22  "which  show  the  widespread  interest  in  Austin's 
Colony  in  the  United  States  and  the  motives  of  those  who  wished 
to  emigrate." 

Two  letters  from  Frederick  Law  Olmsted,  dated  July  6  and  26, 
1857,  are  printed  in  the  American  Historical  Review  (October, 
1917).  These  letters,  to  quote  the  words  of  the  editor,  "Eeveal 


332  The  Southwestern  Historical  Quarterly 

an  attempt  made  in  1S57  by  the  New  England  Emigrant  Aid 
Society  to  enlist  the  aid  of  English  cotton  manufacturers  in  col- 
onizing free  laborers  upon  new  land  in  the  southwest  of  the  United 
States/' 

"The  Baptistry  Window  of  the  Mission  of  San  Jose  de  Aguayo" 
is  the  title  of  an  article  by  Harvey  Partridge  Smith  in  the  West- 
ern Architect  (November,  1917).  It  is  illustrated.  This  window 
"is  considered  by  connoisseurs  to  be  the  finest  single  bit  of  Span- 
ish-Colonial ornamentation  existing  in  America." 

In  the  New  Yorker  Staats-Z eitung ,  September  11  to  21,  1917, 
appeared  the  following:  "Die  Deutschen  in  Texas  wahrend  des 
Biirgerkrieges.  Nach  Aufzeichnungen  von  Richter  A.  Siemering, 
San  Antonio  im  Jahre  1876." 

"The  mission  as  a  frontier  institution  in  the  Spanish-Ameri- 
can Colonies,"  by  Dr.  Herbert  E.  Bolton,  appeared  in  the  Ameri- 
can Historical  Review  (October,  1917).  It  presents  a  summary 
of  original  researches  into  Spanish  institutions  in  the  Southwest 
that  will  mark  an  epoch  in  this  field  of  study. 

The  centenary  of  the  birth  of  Ernst  Gustav  Maetze  was  com- 
memorated by  his  former  pupils  in  unveiling  a  tablet  to  his  mem- 
ory at  Oak  Knoll  Cemetery,  Bellville,  Texas,  and  an  address  at 
Millheim  by  W.  A.  Trenckniann,  September  12,  1917.  The  ad- 
dress traced  the  life  of  Maetze  and  is  printed  in  Das  Wochenblatt, 
September  19. 

"The  assault  upon  the  University  of  Texas"  is  dealt  with  by 
writers  in  School  and  Society  (August  11  and  September  1  and 
29,  1917) ;  New  Republic  (August  11,  1917) ;  The  Outlook  (Oc- 
tober 10,  1917)  :  Educational  Review  (November,  1917),  and  The 
Alcalde  (November,  1917). 

William  A.  Eckhardt,  a  pioneer  and  prominent  merchant  of 
Yorktown,  Texas,  died  at  his  home  in  that  city  October  29,  1917. 
A  sketch  of  his  life,  written  by  Chas.  F.  Hoff,  appeared  in  the 
Yorktown  News,  November  22. 


THE    QUARTERLY 

OF  THE 

TEXAS  STATE  HISTORICAL  ASSOCIATION 


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ADDRESS 

THE  TEXAS  STATE  HISTORICAL  ASSOCIATION, 

AUSTIN,  TEXAS. 
A  NEW  BOOK  ON  THE 

Early  Mission  Period  of  Texas  History 

SPANISH     AND     FRENCH     RIVALRY     IN    THE     GULF     REGION     OF     THE 

UNITED     STATES,     1678-1702:     THE     BEGINNINGS     OF 

TEXAS    AND     PENSACOLA 

—By— 

WILLIAM  EDWARD  DUNN,  Ph.  D. 

Instructor  in  Latin-American  History  in  the  University  of  Texas. 

The  first  authoritative  and  comprehensive  account  of  the  beginnings  of  Spanish 
settlement  in  Texas  and  Western  Florida  based  upon  the  original  manuscript  records 
in  the  archives  of  Spain.  A  detailed  treatment  is  made  of  the  earliest  expeditions 
to  Texas,  and  of  the  founding  of  the  first  missions,  a  great  number  of  hitherto  un- 
known facts  being  made  clear  for  the  first  time. 

Published  by  THE  UNIVERSITY  OF  TEXAS,  Austin. 


/  •••; 


